Ask Me Help Desk - Hipaa violation/wrongful termination

2 months ago I was injured on the job. I work at a nursing home and contracted some type of skin infection. I have been seeing a workers comp doctor on a weekly basis and have been on modified duty. Last week my employer, called me into her office. The Director of Nursing, and the maintenance man, Roberto(YES the maintenance man)were also present. The administrator said that they had been discussing my situation and decided that it would be best if I went on temporary disability. She said that until they found out what kind of infection I had, they didn’t want me to expose anyone else. She also said that she wanted me to take a "post-accident drug test." She told me that Roberto would drive me to the clinic. I would have to arrange my own transportation home, and I would have to find someone to drive my car home because they were not going to let me drive my car off the facility. I told her Id be happy to take a drug test but I was not comfortable leaving my car in the parking lot. Nor was I comfortable with her discussing my private medical affairs with the maintenance man. She told me that it was company policy. When I asked her to show me the written policy she could not. She said if I refused to cooperate I would be terminated. I refused to go to the clinic with Roberto. I drove myself there and took the drug test. Would this be considered a HIPAA violation? My administrator has access to my medical records and shared that information with the maintenance man. Also, Is this grounds for termination?

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Originally Posted by maria2day

2 months ago I was injured on the job. I work at a nursing home and contracted some type of skin infection. I have been seeing a workers comp doctor on a weekly basis and have been on modified duty. Last week my employer, called me into her office. The Director of Nursing, and the maintenance man, Roberto(YES the maintenance man)were also present. The administrator said that they had been discussing my situation and decided that it would be best if I went on temporary disability. She said that until they found out what kind of infection I had, they didn’t want me to expose anyone else. She also said that she wanted me to take a "post-accident drug test." She told me that Roberto would drive me to the clinic. I would have to arrange my own transportation home, and I would have to find someone to drive my car home because they were not going to let me drive my car off of the facility. I told her Id be happy to take a drug test but I was not comfortable leaving my car in the parking lot. Nor was I comfortable with her discussing my private medical affairs with the maintenance man. She told me that it was company policy. When I asked her to show me the written policy she could not. She said if I refused to cooperate I would be terminated. I refused to go to the clinic with Roberto. I drove myself there and took the drug test. Would this be considered a HIPAA violation? My administrator has access to my medical records and shared that information with the maintenance man. Also, Is this grounds for termination?

I don't know about "Roberto" - I do know that in situations of this kind a witness can be present and I would assume that is why he was there. I understand the drug testing (random testing is not unusual) but I don't understand not allowing you to drive your car off the facility - was there a prior problem?

No its not a HIPAA violation because none of the people involved was a caregiver. It was, however, In my opinion a breach of professional ethics. I also question the need to have someone drive you to take the drug test. Working for a nursing home I can understand their need to be concerned about your health affecting the residents. But I see no reason to discuss this in front of anyone who is not your supervisor and I see no reason to require that you be driven for the test and not provide transportation back to get your car.

The question is what you can do about it. Are you a member of a union?

There only mistake was not arranging transportation from the drug test. They if requiring the test have to do it with you clocked in as a worker, and return you back to work afterwards, they can not leave you strandard.

I would say not for HIPPA but for wishing to leave you alone with no transportation, they violated your rights and can not fire you for that.

I will reiterate what Scott said... This is not a HIPAA violation as these people were not your caregivers. HIPAA protects the doctor/healthcare worker and the patient. Doctor/patient privilege if you will.

This was your workplace, who did have info on your condition, but they are not your caregivers.

Although it is common for random drug tests to happen, I am curious as to why you had to be driven there... was there something in your past there that put them on guard?

Thanks for all of your responses. In answer to your questions, no, there have been no prior problems. No allegations of drug use. On my last job evaluation(last month), I was rated as outstanding. This came out of the blue. Can they call it a "post accident" drug screen 2 months after the fact? Can I be terminated for not going to the clinic with the maintenance man? I am not in a union

If you are not in a union, and you are in an at-will state, then you can be terminated for any reason at all. They can also call the testing anything they want.

If they try to fire you... make life rough for you contact someone with the agency that enforces The Family Medical Leave Act.
If they do fire you go file unemployment, also with FMLA if you explain your situation to one person and they do not want to file a complaint, wait or call back and give your story to somoen else. If you must write it all down and send them a copy of your complaint.

Sounds to me like everything was OK until you became ill... that is against the law. The same thing happened to my husband and he was fired from a company that employees 800 people after he had worked there for 2 or 3 years. We were brushed off by lawyers and the unemployment burea and by 1 person from FMLA but I persisted and got someone to listen. Within 15 minutes of the FMLA rep calling his company he had a offer to return to work. With full benefits reinstated, back pay and a letter staing that they were wrong. Everything was not smooth at first and I had to call the FMLA over some childish stuff they did... lay off, losing his tools... sending him to unmanned job sites. But he prevailed. He has been there over 10 years and the boss that was leading his execution is gone. If you believe that you were wronged and that you did nothing to justify this then fight it. It irks me to no end when a company wants to fire someone that has a illness that has otherwise been a good employee.

Hello maria:

As Scott said, they can fire you for any reason they like. Therefore, they have no need to make up reasons for doing so - and it's against the law to do it, besides. I think that's just what they're doing.

In addition, they can't retaliate against you for filing a workman's comp claim, and I think they're doing that too.

As if you need more grounds, they threatened you with kidnapping and false imprisonment. They did so by requiring you to GO where THEY wanted you to go, and WITH whom THEY wanted you to go with. Your freedom to GO where YOU wanted to go was being curtailed. That's a criminal offense.

Consequently, I think you have a case against these people. I would visit a lawyer just as soon as the holiday ends.

Merry Christmas.

excon

Thanks again for your responses, although Im not sure how the FMLA fits into this. Im not sure if it makes a difference, but my condition isn't the result of an accident, so Im not sure where the drug test comes into play. I got a small scratch on my hand while at work and was exposed to MRSA.( The so-called super bug). Just so Im clear on this, there are no rules or laws that protect an employees right to privacy as far as my medical information?