Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Hipaa or privacy in the workplace violation? (https://www.askmehelpdesk.com/showthread.php?t=331304)

  • Mar 19, 2009, 11:02 AM
    schlepsl
    Hipaa or privacy in the workplace violation?
    I was diagnosed with a condition, and in the process of getting "work" to approve my time off, some fellow managers had lets others know of my condition, by sharing what and why I was out! This had been expressly stated that I did NOT want anyone to know! So needless to say, it is out all over the company, and I haven't said a word!
    Any laws broken here? I did speak with HR rep, and she said yeah, it shouldn't have happened, and was handled inappropriate.
  • Mar 19, 2009, 11:26 AM
    this8384

    It was handled inappropriately; I don't know what your occupation is, but I assume your managers aren't bound by HIPAA law so there's no violation. What reason did they give you as to why they shared your information with other employees?

    You can contact the higher up or file a complaint with HR, but there's not really much to be accomplished. Your condition was revealed and you can't undo that aspect of it.
  • Jun 1, 2012, 11:58 AM
    SMUSS1
    Per employee request, I sent an email to our manager letting him know that an employee's wife had a 5 hour foot surgery and was doing fine. Our manager had requested the information. I work in an electrical engineering / consulting firm. Did I violate a HIPPA law of sharing another person's medical condition to another person by sending the email to my manager, instead of walking to his office and telling him directly? Thank you for any help.
  • Jun 1, 2012, 12:38 PM
    JudyKayTee
    The employee asked you to give this info to the Manager?
  • Jun 1, 2012, 03:05 PM
    AK lawyer
    Quote:

    Originally Posted by SMUSS1 View Post
    ... Did I violate a HIPPA law ...

    No. HIPAA doesn't apply to electrical engineering / consulting firms. It only applies to medical care providers.
  • Oct 19, 2012, 01:58 PM
    dumbo1
    This is a round-about way of this question (bare with me please). :)


    My boss has asked me to not wear my head attire (scarves around my head) in the office place because she's concerned that it's raising concern for clients & co-workers (them asking her) if I have cancer? I do not, but I thought ("do I need to tell her - do I need to tell anyone"?) She went to tell me "though it is not in the handbook... unless it's a medical reason, I wish you not to wear your scarves like that anymore".

    Is that right? I was insulted (naturally) but I felt violated with her intimidation of that question.

    Is she in right to know "why" I wear or do something for my privacy reasons?

    Thank you,
  • Oct 19, 2012, 02:35 PM
    AK lawyer
    It's none of her business what medical condition you may or might not have. But another way of looking at it is that she does have the right to be concerned that customers will be put off by your attire. And for that reason, or for no reason, your employer can let you go, if it chooses to (absent an employment contract - and an employee handbook may constitute such a contract.). So, if you desire to keep your job (or avoid litigation over an arguable handbook-contract issue), you will work with her on this.

    Quote:

    (bare with me please). :)
    No pun intended? (The word you want is "bear".)
  • Oct 20, 2012, 02:37 PM
    dumbo1
    Thank you for your advice. :)


    I am just concerned as to where the line is drawn in the work place for "discrimnation" & unrightful accusations (?)?

    Boss allows me to wear the attire ONLY if it pertains to medical reasons (so it IS permissible upon reason). I just think that's wrong. But I guess I am understanding that the work place can do whatever they want in that matter?



    PS> (lol) thanks for the correction (bare). :)
  • Mar 5, 2013, 09:17 AM
    rrossley
    When I call in sick I give my department manager an explainantion to my illness, so she may provied that information to the company owners, upon their request. Is there a violation in my privacy when this information is shared with my fellow co-workers? We do not have a HR, and we must comply with HIPPA.
  • Mar 5, 2013, 07:05 PM
    AK lawyer
    Quote:

    Originally Posted by rrossley View Post
    When I call in sick I give my department manager an explainantion to my illness, so she may provied that information to the company owners, upon their request. Is there a violation in my privacy when this information is shared with my fellow co-workers? We do not have a HR, and we must comply with HIPPA.

    Violation of your privacy? Probaby.

    Violation of HIPAA? No. See above.
  • Sep 12, 2013, 10:45 AM
    securityjob2013
    I have a question, I work for a Security Company that is contracted in hospitals'
    Im a Supervisor and a worker, my co-worker called me and said he was taking a couple of days off and he found another worker to cover his shift. He then told me his fiancé was attacked and almost killed. I shared this information with a charge nurse of the E.R. dept. and the co-workers wife never came to our hospital for treatment, and I got termanated for violating HIPAA. Is this fair?
    Maybe poor jugement, just cared and when asked where the employee was I said it, I was never told by the employee not too?

    Thank you,
  • Sep 12, 2013, 12:03 PM
    AK lawyer
    Quote:

    Originally Posted by securityjob2013 View Post
    I have a question, I work for a Security Company that is contracted in hospitals'
    Im a Supervisor and a worker, my co-worker called me and said he was taking a couple of days off and he found another worker to cover his shift. He then told me his fiance was attacked and almost killed. I shared this information with a charge nurse of the E.R. dept. and the co-workers wife never came to our hospital for treatment, and I got termanated for violating HIPAA. Is this fair?
    Maybe poor jugement, just cared and when asked where the employee was I said it, I was never told by the employee not too?

    Thank you,


    You should have started a new thread. Going on an old thread is inviting confusion.

    Someone should split it off.


    Anyway, whether it is fair or not is beside the point.

    Is it a violation of HIPAA? No. Although your employer may have a contract with a health care provider, the information you gave out was not gleaned from them, as I understand it. HIPAA doesn't apply.

    Is it fair? That's a matter of opinion. Is it illegal to fire you? Probably not, unless you have an employment contract which prohibits your employer from firing you under these circumstances, an employer doesn't need a reason to let an employee go.

  • All times are GMT -7. The time now is 02:01 AM.