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-   -   HIPPA Violation by Supervisor (https://www.askmehelpdesk.com/showthread.php?t=289020)

  • Dec 6, 2008, 08:31 AM
    jymini
    HIPPA Violation by Supervisor
    I am a home care nurse and recently returned to work after recovering from an injury. My first assignment required me to lift and carry a patient outside the home for which I would not be covered as it is against policy. I refused and my supervisor told the patient's mother that I would not do it because I was recovering from an inhury. I feel that my HIPPA rights were violated and that this disclosure put me in a situation of being unable to darry our my duties. I am fully recovered and capable of doing the work that is required within the parameters of our resposibility.
    Do I have a civil case for violation of my privacy?

    >Moved from Forum Help<
  • Dec 6, 2008, 08:49 AM
    JudyKayTee
    Quote:

    Originally Posted by jymini View Post
    I am a home care nurse and recently returned to work after recovering from an injury. My first assignment required me to lift and carry a patient outside the home for which i would not be covered as it is against policy. I refused and my supervisor told the patient's mother that I would not do it because i was recovering from an inhury. I feel that my HIPPA rights were violated and that this disclosure put me in a situation of being unable to darry our my duties. I am fully recovered and capable of doing the work that is required within the parameters of our resposibility.
    Do I have a civil case for violation of my privacy?

    >Moved from Forum Help<


    I am not aware that HIPAA - not HIPPA, a common error - has any provisions for civil recovery. The agency which unlawfully releases the information is subject to penalties and fines. If I am incorrect hopefully someone will come along and set me straight.

    As far as if you would/could sue - what are your monetary damages (other than possibly terminated as soon as the lawsuit papers are filed)? Could you explain how the statement that a physical injury kept you from lifting and carrying the patient made you unable to carry out your duties as opposed to the injury itself keeping you from those duties?

    That will be pivotal.
  • Dec 6, 2008, 09:01 AM
    Fr_Chuck

    Yes, did you lose your job, is there some loss in income because of this.

    You should file a complaint for the supervisor lying and not informing them that it is against policy to do this.
  • Feb 7, 2013, 07:22 PM
    Tspivey4976
    If my supervisor is discussing my medical records or recent visits to the doctor with coworkers is that a violation of HIPPA?
  • Feb 9, 2013, 11:24 AM
    AK lawyer
    Quote:

    Originally Posted by Tspivey4976 View Post
    If my supervisor is discussing my medical records or recent visits to the doctor with coworkers is that a violation of HIPPA?

    No. Your supervisor is not regulated by HIPAA. Only your doctor is.

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