I was injured at home and have been under doctors care for the last three weeks. I have since been put on work restrictions at my job (which I must point out is a part-time job).
I taped the restriction form (from my doctor, the original copy) to my bosses desk. There was only one worker that would have been there prior to my boss seeing this, who I must add is notorious for throwing away notes that were written from other co-workers to our boss.
I come in the next day to ask him what he thought about my schedule for the next week given my restrictions. He told me he didn't have the restriction slip... which I explained where I left it, when, and that it was taped to the desk so that it wouldn't get lost in other papers. I immediately said, I bet I know who took it or threw it away. The owner/boss and his wife immediately started looking through the garbage and other piles of paperwork to find the form...
Thank god I made a copy of the form, but I had left him the original.


Since this woman (who by the way was the only one who had access to the office prior to the owner/bosses arrival) is clearly the only suspect... I want to know it this a HIPPA violation?

I've been spending my morning searching through the government site regarding HIPPA and was trying to find a # to call to see if this is a legitimate complaint.

In any case this was a violation of my privacy I know that for sure... just want to know if this is also a HIPPA violation too.

The form contained my full name, DOB, address, injury, and work restrictions along with my doctors name and direct #.

Anyone know?

HIPAA covers health care professionals, not co-employees. I don't think your suspicions are "proof" of anything and, therefore, I don't see that you have any action against this person.

Are there other facts here that you can prove?

Well my boss and his wife were searching through the garbage bags to see if they could find this form. If anything isn't this a violation of my privacy?

The only reason why this makes me so upset, is that she's blabbing to everyone (customers and other co-workers) that I'm not hurt and that I just don't want to work.

No, no violation what so ever, you in fact left the note in plain view "taped" to a desk for gods sake. You did not had it to them, did not mail it to them,

So you did not do anything to keep it secure yourself,

In fact you say you "know" this person is like that.

So you had some duty to keep your info private.

Next the Hipaa applies to medical people, not co workers, it may be some violaton of a company policy, but again belief is not proff of who did it.

Quote:

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Originally Posted by happyjanis

Well my boss and his wife were searching through the garbage bags to see if they could find this form. If anything isn't this a violation of my privacy?

The only reason why this makes me so upset, is that she's blabbing to everyone (customers and other co-workers) that I'm not hurt and that I just don't want to work.

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Wasn't the note intended for your boss and his wife? If so, how is there looking for the note an invasion of your privacy?

You cannot control what people say. I don't understand the "blabbing" part. Normally people say the other person is lying to people and saying... whatever they are saying.

I know you are upset but I don't think you have a legal action here. Here is something I wrote about slander/defamation:

Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person’s reputation. In general the person making the statement must either know it isn’t true or make the statement without attempting to verify if it is true.

The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public.

I guess I should have made things a bit clearer from the get go.. Sorry about that.


#1: The note was folded in half (not in plain view) tape in three place as so it could not be read by just anyone. Since it was folded, I wrote on the back side of it TO: (bosses name).

#2: Its not the fact that my boss and his wife are looking for the note in the garbage.. its the fact that this other woman "the co-worker" was the only one who had access to the note to destroy it/throw it away/or take it with her .

#3: My question is the invasion of privacy by this "coworker" not my boss nor his wife. (The note was intended for them not the "coworker").

#4: I knew HIPAA laws can protect you in some cases as this, but its all not very clear. Anyone know of a number I can call for general information regarding this case?
Or maybe I should just contact the HIPAA regulator for my clinic/doctor?

HIPAA.ORG

It's only a HIPAA violation if a treating facility or medical facility releases the information.

But you can do your own research. When you call and explain that you left a medical note on your bosses' desk, now it's missing, no one can find it, you "know" a co-worker took it, the co-worker is now spreading the word that you don't want to work and you want to know if this is a HIPAA violation, please come back and post the answer. If I am incorrect and this IS a HIPAA violation, I am more than willing to apologize for my bad advice.

"The Privacy Rule took effect on April 14, 2003, with a one-year extension for certain "small plans." The HIPAA Privacy Rule regulates the use and disclosure of certain information held by "covered entities" (generally, health care clearinghouses, employer sponsored health plans, health insurers, and medical service providers that engage in certain transactions.) It establishes regulations for the use and disclosure of Protected Health Information (PHI). PHI is any information held by a covered entity which concerns health status, provision of health care, or payment for health care that can be linked to an individual.[10] This is interpreted rather broadly and includes any part of an individual's medical record or payment history."

In hindsight you should have handed this doctor's note to the boss yourself if you knew there was a person in the office who just loved to throw away personal notes. It's basically your own fault this happened since you did not convey this note into the proper hands to begin with.

Definitely no HIPAA violation. No one providing you medical care revealed any information about you. That's what constitutes a HIPAA violation.

What this woman did is a breach of trust. You have made no mention about whether your medical information has been spread around.

But it would only be up to the boss to take action here. You reveal your suspicions to him, so how you tyhink she's the only person who could have re3moved the note you left and then leave it up to him to take action. That is all you can do.

Luckily I had an inservice on HIPAA laws last night at work.

Unless you work at a medical facility (doctor's office, hospital, pharmacy, etc.) this is not a violation of HIPAA.

I'll give you an example of a HIPAA violation.

If I, as a nurse at your doctor's office, but not your treating nurse, were to look up your file for any information whatsoever (including your personal info, diagnosis, treatment, etc.) I would be violating HIPAA because I was not your treating nurse and I was not looking up the info for your benefit.

Unfortunately, you made a bad choice. You left the note on the desk when you knew this busybody had access to the bosses office rather than handing the note to your boss himself.

Another example of HIPAA. If I leave a patient's file open at the nurse's station while I go attend to another patient, I have violated HIPAA.

It could possibly be a breach of confidentiality, depending on that person's job title and description. Have you considered discussing the problem with your company's human resource department?

Quote:

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Originally Posted by verbattered52

It could possibly be a breach of confidentiality, depending on that person's job title and description. Have you considered discussing the problem with your company's human resource department?

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I don't see a breach of confidentiality. A note was left on a desk. The note is missing. A co-worker is claiming the OP doesn't want to work (or something along those lines). I see no connection between the missing note and the co-worker's comments.

It's an ethics problem plain and simple. The co-worker lacks professional ethics, that's it, nothing else.

Thanks for all the information.
I didn't think it was a HIPAA violation, but I thought just to be on the safe side I would ask on here.

I am going to contact the Corporate office regarding this... but before I do that I am going to talk to my "boss/owner" on his plans of what he's going to do about her.
I have to work with this woman tonight... not too thrilled about it but I'm scheduled...

If there is a next time, and I get a medical form of any sort for my employer, I will hand it directly to them.
(Honestly, I didn't think there would be a problem, since other people have left these forms for him in the same manner as I did... and he received them).

All I can say about this woman is "what goes around...comes around".

Thanks again!

I post this all the time - I work in the legal community. I believe less and less in the law and more and more in karma.

Good luck.

Quote:

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Originally Posted by happyjanis

Thanks for all the information.
I didn't think it was a HIPAA violation, but I thought just to be on the safe side I would ask on here.

I am going to contact the Corporate office regarding this....but before I do that I am going to talk to my "boss/owner" on his plans of what he's going to do about her.
I have to work with this woman tonight...not too thrilled about it but I'm scheduled...

If there is a next time, and I get a medical form of any sort for my employer, I will hand it directly to them.
(Honestly, I didn't think there would be a problem, since other people have left these forms for him in the same manner as I did...and he received them).

All I can say about this woman is "what goes around...comes around".

Thanks again!

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Don't bother discussing this breech of ethics with your boss. You could be out of a job for being a "trouble maker". Just leave it alone and forget it. OK? It's not that important to keep beating a dead horse over. Just hand whatever note in person in the future to your boss and you'll be just fine.