Form requests medical information from GPD officers on profile

Is it a violation of the Health Insurance Portability and Accountability Act? Or is it the top brass' way of weeding out uncooperative rank and file? A three-page medical examination form was recently disseminated to officers with the Guam Police Department who are on profile. The form, requests everything from functional and environmental restrictions to medications and dosages.

Several officers within GPD's rank-and-file are up in arms after suddenly receiving a medical examination form from upper command that their physician is required to fill out and submit by Friday, Sept. 13.

The form  was given to several officers on profile, which means they have certain physical limitations. However, command staff is aware of these limitations as officers have provided a doctor's note. Although with physical limitations, they are more than capable of performing tasks associated with job title

What has the officers upset?  Well first, was the form given to those who are on profile within the command staff?

Second, the form is a deep dive into medical records.  On Page 1, physicians  must note physical and environmental restrictions. Page 2? Their doctor is instructed to list all medication, dosages, and side effects.

Is this a HIPPA violation? Under local law, such medical information can be requested if the employee is seen by a doctor that the Government of Guam pays for.

And on the last page, it asks if the officer is fit or unfit for duty. What determines 'unfit' if they are and have been already performing duties associated with their rank? 

According to Guam Federation of Teachers representative Robert Koss, upon review of GPD demand for a fitness for duty exam it was immediately apparent that the short timeframe to submit the report was not in accordance with federal law and that the form does not meet DOA rules that require the government to pay for the exam.

He adds, "We realize that GPD pd has a need to ensure safety of all employees but employees also have medical privacy rights. GPD must be careful to preserve these rights when seeking medical reports about its employees. We advise GPD to have their document reviewed by counsel for compliance and employees that receive these demands to grieve for the violation of law and rule."

We should note, officers who are current GFT members are seeking possible legal action.