Legal Question in Civil Rights Law in Massachusetts

Re: pre employment physicals

Generally, before an employee can be asked to submit to a physical, the employee must be given a conditional offer of employment. Once the conditional offer of employment is made, the employer may require the employee to submit to a physical in some instances. In order to obtain the results of this physical, the employer would require a HIPAA release. The release should be limited and directed to the specific physician who is conducting the physical. A general release of medical records, encompassing all of the employees prior medical history, might violate a variety of laws, including Massachusetts Privacy Act, ch. 214 sec. 1B.