View Full Version : Coworker violated my HIPAA rights
Addison1326
Jul 8, 2012, 05:25 PM
I overdosed on July 2nd an in route from ER to ICU I was covered head to toe. A friend called me to say "Pam" came into her office saying "jean" told me she saw Addison at the hospital" then another coworker I dislike "Erica" stood in her office 30 min aking direct questions like, "did she take pills. Is she bipolar, she needs help etc and even our inhouse employment atty asked about be as did her paralegal this is a healthcare co and all these people week in the legal dept, the owner 3 weeks ago said to us in person he wouldn't tolerate gossip I am humiliated and my professional reputation I feel destroyed because I was in a mental Hosp for severe depression anxiety bipolar PTSD what
Should I do?
JudyKayTee
Jul 8, 2012, 05:38 PM
I overdosed on July 2nd an in route from ER to ICU I was covered head to toe. A friend called me to say "Pam" came into her office saying "jean" told me she saw Addison at the hospital" then another coworker I dislike "Erica" stood in her office 30 min aking direct questions like, "did she take pills. Is she bipolar, she needs help etc and even our inhouse employment atty asked about be as did her paralegal this is a healthcare co and all these ppl wk in the legal dept, the owner 3 wks ago said to us in person he wouldn't tolerate gossip i am humiliated and my professional reputation I feel destroyed bc I was in a mental Hosp for severe depression anxiety bipolar PTSD what
Should I do?
This is extremely hard to follow. It's less about what they said and more about how they found out that matters if you are alleging a HIPAA violation.
If you are complaining about the gossip despite the HR warning, that's something else.
If you work in healthcare you know how to report HIPAA violations; if it's an HR problem, then contact HR.
Fr_Chuck
Jul 8, 2012, 06:23 PM
Yes, if they were part of the hospital or medical office where you were treated, then this is or could be a HIPAA, unless they just saw you being carried in. ( your head would not have been covered)
If this was just office workers who knew or found out. And they were doing gossip, they broke company rules.
Addison1326
Jul 8, 2012, 08:36 PM
The coworker's husband was in ICU so she had to have seen me back there. She texted me to get info like "are you ok" "did u take pills or something" and I didn't respond she again texted me that she was worried about me and I texted her stating clearly "please do not talk about me to anyone" the other people knew way more than they should and even cornered my friend in her office asking direct questions about me. I don't even want to go back to work now
Addison1326
Jul 8, 2012, 08:39 PM
Each one who heard it still then went on to ask my friend point blank questions instead of stopping it at them
Fr_Chuck
Jul 9, 2012, 04:55 AM
So your friend is the one who gave it all away, she is the guilty party along with her husband.
This is just gossip not Hipaa issue.
JudyKayTee
Jul 9, 2012, 05:02 AM
The coworker's husband was in ICU so she had to have seen me back there. She texted me to get info like "are you ok" "did u take pills or something" and I didn't respond she again texted me that she was worried about me and I texted her stating clearly "please do not talk about me to anyone" the other ppl knew way more than they should and even cornered my friend in her office asking direct questions about me. I don't even want to go back to work now
HIPAA is about proof - "had to have seen" you is not proof.
I would talk to HR about this - it sounds to me like people were worried about you (this sounds like a suicide attempt) but if it doesn't sound like concern to you, report it to HR.
What specificially was being said in the line of "way more than" they should have known?
I would think part of your problem in going back to work is embarasssment. At any rate I suspect if it's "you" against "them" and someone has to leave the employment it will be you.
Do you work in a medical facility? Were any of these people your caregivers or do they work in the same medical facility? If the answer to these questions is "NO," then HIPAA was not violated, but rather just good ole' office gossip.
You see, HIPAA is what is commonly known as doctor/patient privilege. Just because this person saw you when she was visiting her husband and she spread the word around that you were in the hospital she did not violate HIPAA. Now, if any of the medical staff told her why you were in the hospital, that would be a violation.
Addison1326
Jul 9, 2012, 09:48 AM
So your friend is the one who gave it all away, she is the guilty party along with her husband.
This is just gossip not Hipaa issue.
She was a coworker office gossip queen not my friend
JudyKayTee
Jul 9, 2012, 09:50 AM
She was a coworker office gossip queen not my friend
Doesn't change any of the answers -
ScottGem
Jul 9, 2012, 10:03 AM
The coworker's husband was in ICU so she had to have seen me back there.
Why was he in the ICU? Was he visiting someone, there for treatment or does he work there. Unless he works there, there is no HIPAA violation.
Maybe company policy was violated in which case you talk to HR.