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-   -   HIPPA violation (https://www.askmehelpdesk.com/showthread.php?t=347186)

  • Apr 28, 2009, 11:06 AM
    db73582
    HIPPA violation
    How do you handle a HIPPA violation. I feel like my privacy has really been violated. I was diagnosed last Friday with shingles and my unit manager told all the other employees. I feel like I'll be going back to work with a stigma attached to me. Where do I go from here? Thanks
  • Apr 28, 2009, 11:30 AM
    ScottGem

    First we have to determine if a HIPAA violation occurred. How did your unit manager find out about your condition?

    Also, considering the nature of the disease, the type of work you do may have a bearing.
  • Apr 28, 2009, 12:23 PM
    db73582
    The manager found out 1st from HR and called me to confirm. She was told by HR to keep it to herself until health services was contacted. Health Services determined yesterday it was no issue but my manager had already told everyone by then
  • Apr 28, 2009, 12:31 PM
    this8384
    Quote:

    Originally Posted by db73582 View Post
    The manager found out 1st from HR and called me to confirm. She was told by HR to keep it to herself until health services was contacted. Health Services determined yesterday it was no issue but my manager had already told everyone by then

    That answers Scott's first question, but you didn't answer his second.

    What do you do for a living? In certain environments, other employees have a right to be informed of your medical condition.
  • Apr 28, 2009, 12:48 PM
    db73582
    Sorry, I work in a call center
  • Apr 28, 2009, 01:01 PM
    this8384

    Again, you haven't answered the question. You work in a call center - that doesn't specifically explain your job. Who do you interact with on a daily basis?
  • Apr 28, 2009, 01:36 PM
    db73582
    I am on the phone all day. Interaction is limited to 2- 15 min breaks and a 30 min lunch and that interaction is limited as break schedules differ.

    So really I just sit in a cubicle and talk on the phone all day. It is an assigned desk - no one else uses my desk or phone at any time.
  • Apr 28, 2009, 03:33 PM
    twinkiedooter

    Shingles is not a contagious disease. It is rather annoying though. The manager did handle that inappropriately though.

    How did HR find out about this? Did you tell the HR person and the HR told the manager?
  • Apr 28, 2009, 05:26 PM
    db73582
    Yes, I told HR since I knew I would be out over a week and needed to get set up for short term disability. They told my manager in an E mail and phone message and specifically asked her not to discuss it with anyone.

    She told a couple of employees on my team who told a couple and so on.
  • Apr 28, 2009, 05:27 PM
    J_9
    Do you work for a call center in a hospital?

    HIPAA only covers health care workers and the patients. It's like doctor/patient privilege. Now, if the doctor or nurse told someone without your consent, that is different.
  • Apr 28, 2009, 05:34 PM
    ScottGem

    Ok so YOU told HR and HR told your manager, is that correct? Then there is no HIPAA violation. For there to be a HIPAA violation your caregiver would have had to tell HR without your permission.

    So we eliminate that issue. So now we deal with your manager's behavior. Shinlges is not a highly contagious disease, but it can be spread by contact. Since your job doesn't bring you into close physical contact with others, there was no good reason for the manager to discuss it, especially when told not to.

    So the question is what can be done about it. You can complain to HR and they should discipline your supervisor. Of course that could create problems for you down the road.
  • Apr 28, 2009, 07:13 PM
    Fr_Chuck

    Your manager mishandled your personal information, a formal report should be made by HR and the manager wared and perhaps a education program on privacy

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