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

    Jun 9, 2010, 12:58 PM
    Supervisor violated hippa rights
    I had an intermittent FMLA case opened with my employer. My supervisor called my Dr's office told them that she worked for the disability department (which she does not, disablity is outsourced with another company) and was in need of my medical records to complete my case however,I don't have a disability case open. She also advised that they could fax them direct and gave them a public fax number where anyone could have retrieved my records. Because I signed a consent to have my records disclosed to the disability department if they needed them, the office faxed my records. Once she received the records, she called my case manager in HR and told him that my case should be denied and he did just that. Would this be considered a violatin of my HIPAA Rights and other employment laws?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Jun 9, 2010, 01:23 PM
    Since your supervisor is not your caregiver she did not commit a violation of HIPAA. However, she did commit an act of fraud by posing as an employee of the disability department.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 9, 2010, 01:53 PM

    HIPAA involves your medical care providers giving out info without permission. They did not exercise appropriate caution by verifying the info, but they didn't really violate. However, you have a case against the supervisor for fraudulently obtaining your records.

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