They can ask you, but you do not have to answer. They cannot hold that against you. Trust me on this one. Go talk to a lawyer if you do not believe me.
I’ll put it to you this way. I know first hand Employers cannot do that. That comes from a big team of lawyers.
I know there are people in the media and college professors trying to claim it is something else.
Rest assured any company that ignores this law will most likely be tied down in litigation. Which will cost time and money. That’s certainly something they can afford right now.
I am a lawyer, and I do not believe you. Also, I quoted the provision you cited, and then quoted the specific language saying that it does not apply to employers. You ignored it.
I’ll put it to you this way. I know first hand Employers cannot do that. That comes from a big team of lawyers.
A "big team" of lawyers, huh? Were they all real estate guys or something who don't know HIPAA? In any case, my advice is to get a new team.