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Home > Law > Other Law   »   Hippa Violation ?

 
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Old May 13, 2008, 02:05 PM
Art Show
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Hippa Violation ?

I am from the state of WI. If you have a medical appointment, use earned sick time for it, and bring in a medical excuse stating you were there, does your employer have the right to call your doctor because "he thinks there might have been sick time abuse". Is this not a HIPPA violation? He used his title to get information (Deputy Inspector from a Sheriff's Dept) and intimidated the employees to give out information.

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Old May 13, 2008, 03:37 PM   #2  
Fr_Chuck
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They can call and verify you were at the appointment,

If the medical office gave them information about what was wrong with you, and medication you got and treatment, yes the doctors office violated the HIPPA.

The employee that got the info, most likely broke HR rules, and if he was not the Dep Insp, was also doing a criminal act.
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Old May 19, 2008, 10:15 AM   #3  
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I realize that the medical office should not have given any information, but as I stated before I feel they were intimidated by the way my employer represented himself. Also it was my employer who requested the information and claims he has the right to call my doctor any time they feel there might be sick time abuse. There was no sick time abuse - I was there for over 3 1/2 hours. I filed a complaint with HIPPA and since my employer wasn't considered the doctors office or insurance co devulging informationthey said there was nothing they could do. Do I have any legal grounds to go after my employer for violating my privacy right or HIPPA?
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Old May 19, 2008, 10:22 AM   #4  
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There was a HIPAA violation on the part of your medical provider. They are the one who revealed your info without permission. If they have a problem with being cited for a violation they can use misuse of power as a defense or can sue the Sheriff's office over the issue.

Chuck is correct that your employer has every right to verify your appointment. They can ask any question they want and all the medical practioner has to do is say, sorry, that is privileged information that I am not at liberty to divulge.
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