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    hrguru83's Avatar
    hrguru83 Posts: 1, Reputation: 1
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    #1

    Oct 4, 2009, 03:16 PM
    HIPAA Violation by Employer
    My employer violated my HIPAA rights when I called in sick, repeating the details of my sickness to my co-workers and the branch manager. I filed a complaint with upper management and subsequently my work environment was made so miserable that I felt that I had no choice but to quit. I went to the EEOC to file a complaint against my former employer but was told that they do not have jurisdiction over HIPAA. The Health & Human Services website contains a complaint form, but states that employers are not a "covered entity".

    How do I file a complaint against my former employer for violation of my HIPAA rights?

    Thank you.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Oct 4, 2009, 03:20 PM
    Is your employer your doctor?

    HIPAA only covers information between you and your healthcare provider, be it a doctor, nurse, therapist, etc.

    Since you volunteered the information, and apparently you do not work for a doctor or hospital, then your rights were not violated.

    Employers are NOT a covered entity. To explain HIPAA better, it is basically what used to be called doctor/patient privilege.
    medic-dan's Avatar
    medic-dan Posts: 321, Reputation: 23
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    #3

    Oct 4, 2009, 03:27 PM

    I'm not a lawyer, but I have to follow HIPAA and you won't like this answer...

    You already stated that your employer is not a covered entity and they are not. HIPAA does not apply here.

    HIPAA applies to healthcare and who can or can't see your records or obtain information. By telling your employer why you were calling in, you voluntarily gave them that information. That is not a violation. You chose to release this information.

    However, I think there should be action taken against your supervisor. They should not be discussing anything regarding any worker with your coworkers.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 4, 2009, 03:34 PM

    You don't, since, as noted, your HIPAA rights were not violated.

    While your supervisor did commit a breach of ethics, he did nothing illegal. Did your complaint accuse the supervisor of a HIPAA violation or just bad judgement?

    Also, the EEOC doesn't come into play here, unless you are a protected class and youwere discriminated against.

    Before you file a complaint against someone, you should do research to determine what, if any, laws were broken,
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