CVS Orders Employees to Reveal Their Personal Medical Information

Welcome to CVS, one of the largest drug store chains in America. Now that you’ve joined our team as a cashier, you’re part of our CVS family. And since you’re part of the family, we’d like to get to know you a little better. We’re just going to need your: 

• Height
• Weight
• Blood pressure
• Glucose level
• Cholesterol level
• Body fat level
• Exercise history

and maybe a few other facts about your health and fitness. And, we’re going to need that information by March 2014.

OK? So, if you could do that, that would be great.

Oh, now of course we can’t force you to give that information to us. That would be wrong. If you don’t want to, just say so . . . and we’ll deduct $50.00 a month from your pay.

Although the official CVS policy is written in more formal language, CVS has in fact decided to require employees to disclose detailed personal medical information or face a $50.00 per month penalty. The policy, which was announced in March 2013, is believed to be one of the most intrusive employee “health initiatives” at any employer in the United States.

The company says that it does not discriminate against employees who have poor health statistics; it just wants to encourage better choices.

CVS maintains that its policy is only to promote employee health, but it does not require employees to actually do anything about worrisome health issues. It merely monitors their health for some reason not yet disclosed.

This new policy has raised issues among advocates for medical information privacy, who question why CVS needs such detailed information on its employees.

Other local employers have employee incentive programs to encourage healthy lifestyles, but these programs typically require nothing more than a certification from the employee’s doctor stating that the employee meets certain target goals. I am not aware of any other program that requires the actual medical statistics for the employee.

Also, employee health incentive programs usually involve giving healthier employees a small break on their health insurance premiums. CVS is the first employer to penalize employees for refusing to waive their right to keep their medical information private.

At least one health care attorney has raised the possibility that the CVS policy is illegal under the Americans with Disabilities Act (ADA). Under the ADA, it is illegal to ask an employee to disclose facts that would reveal a disability, unless that disability would materially affect the employee’s ability to do his or her job.

The information that CVS is requesting would clearly disclose any number of conditions considered “disabilities” under the ADA, including advanced diabetes and morbid obesity. The fact that this “request” is enforced with a monetary penalty is even more troubling.

The CVS policy has not been around long enough to be tested in the courts, but there is no doubt that it will be. There is also a good chance that the policy will be challenged before the federal Equal Employment Opportunity Commission, which is the agency in charge of enforcing the ADA.

In the meantime, remember that your medical information belongs to you and that you have the right to control who has access to it. If someone asks you disclose records or information, make sure you know why he needs it and what he intends to do with it.

OK?  So, if you could do that, that would be great.

Have a question or a suggestion for a topic?  Email dspirgen@SpirgenLawFirm.com.

Patch posts are general discussions and should not be used as advice on any specific legal matter.  If you need legal advice on a particular situation, please consult an attorney.