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View Full Version : Does employer have he right to announce employees illness' without permission?


rita1jack
Dec 17, 2009, 07:18 PM
While at our annual meeting, in the midst of explaining increased health care costs, my employer asked where I (by name) was sitting and proceeded to tell me and everyone else that "You are not allowed to have a heart attack or cancer anymore". Is this against HIPAA laws in the workplace? Privacy laws?

excon
Dec 18, 2009, 07:00 AM
Hello rita:

Maybe. How did he find out about it? THAT is where the hipaa violation might have taken place.

excon

rita1jack
Dec 18, 2009, 07:01 AM
While attending my company's annual meeting, my employer was in the midst of talking about higher health care costs when he pointed me out to the crowd and said "you are not allowed to have a heart attack or cancer again". Isn't this against the HIPPA privacy act? What are my options?

J_9
Dec 18, 2009, 07:03 AM
This is not a HIPAA violation since your employer is not your doctor. For it to be a HIPAA violation your caregiver/doctor/nurse would have to give out the info.

HIPAA covers the healthcare team.

This was just poor judgment on the part of your HR director. You should speak privately to him about this matter.

rita1jack
Dec 18, 2009, 10:33 AM
From me. I told because I had to be off work for several months for treatment.

excon
Dec 18, 2009, 10:45 AM
Hello again, rita:

HIPAA has to do with medical personnel violating a patient's confidentiality. That isn't what happened here.

excon

Alty
Dec 18, 2009, 11:06 AM
Please don't post the same question twice, it's against the rules of the site.

You won't get more answers this way. Just find the forum that best fits your question and post once. Remember that the people here are all volunteers so give us some time to get to your question, especially this time of year.

I've asked the mods to merge your two threads.

ScottGem
Dec 18, 2009, 11:21 AM
So your threads have been merged. And you have learned this is not a HIPAA violation. It is incredibly insensitive and a violation of trust on the part of the employer. I suspect he was trying to make a joke of things and wasn't being mean spirited, but that doesn't excuse it.

Unfortunately you have no recourse other than leaving the job.

rita1jack
Dec 18, 2009, 02:12 PM
Thank you all for your responses. I do understand regarding the HIPAA regulations, I really thought that an employer was under some kind of privacy act maybe associated with HIPAA. But agree with you. And to Altenweg, I only posted the question again because on the web page it states that if you hadn't received a response after a couple of hours to repost and make sure the category you posted under was accurate. I appreciate the time you took to read my question (both of them) especially since you are a volunteer. Thank you all again for your time and Happy Holidays!

ballengerb1
Dec 18, 2009, 02:50 PM
Agreed, not HIPAA violation since neither of you are health care providers. He may have broken some confidentiality rules of the company but not HIPAA

Fr_Chuck
Dec 18, 2009, 05:19 PM
Your company ( at least they used to) be under some OSHA and federal laws to keep any and all of your medical files separate even from your personnel file. And only given to those with a need to know.

But again, some info is more "common knowledge" then specific medical data.

ScottGem
Dec 18, 2009, 05:45 PM
I only posted the question again because on the web page it states that if you hadn't received a response after a couple of hours to repost and make sure the category you posted under was accurate.

Just to respond to this, can you give a link to where that's posted, because that doesn't sound right.

For, future reference, if you post a question that doesn't get responded to in 24 hours (yours was responded to in 12), then its permissible to post a "bump" response, meaning to post a reply to the thread so it shows on the recent thread list. You should make sure to use an appropriate subject initially (which you did).

Fr_Chuck
Dec 18, 2009, 05:48 PM
Yes, since it may take several hours and even a couple of days for a lot of the experts to review it and answer