My employer faxed a request to my dr with a job description asking if I needed accommodation. My Dr faxed her answer to them. I DID NOT GIVE PERMISSION. I AM NOT ON FMLA. And this is not a job related injury.
Thanks for answer.
Willowtree51

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Originally Posted by willowtree51

My employer faxed a request to my dr with a job description asking if I needed accomadation. My Dr faxed her answer to them. I DID NOT GIVE PERMISSION. I AM NOT ON FMLA. And this is not a job related injury.
Thanks for answer.
Willowtree51

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What injury are you talking about, how did your employer know about it and why would s/he bother asking your doctor about it? What type of accommodation are you referring to? Were you requesting some form of accommodation?

I agree with "This" - need more info. I am "surprised" that your employer received this info without having a signed authorization.

Is this a violation of HIPAA? I was suspended from work with no explanation (BIBLE, full pay).I was told HR is investigating. My job knew I was suffering (long term) from depression and anxiety. He (supervisor) asked for a written diagnosis. He knew this because previously he shared w/me info of another employee who had been diagnosed w/ bipolar disorder. I cringed because of medication trials, stigma, etc. I decided to give it to him. 2 weeks later I go to Dr. She showed me a request from employer that included job description asking if I could perform these job duties with or w/o restrictions or accommodations. She replied via fax that I could w/o. She gave me a copy of all.
I really think the bottom line here is can't I share my info with anyone I choose. I have read some HIPAA laws but this was not a work related (injury) nor did I file under FMLA while I was off work. I was being paid full pay by company.
I got a call for a meeting. I asked if I was getting fired. He told me "thats where we are at". I was already thinking of leaving. I used my paid time off to look for another job. I have never been fired before. I told him "you guys have kept me in the dark the whole time about this, so I will resign.
I did not give permission to share info. I have signed to not share only when allowed by (law).
ANY HELP PLEASE!!

Since you willingly gave them the information, this is not a HIPAA violation.

Also, employeers have the right to ask if any physical, emotional, or mental conditions can affect job performance.

I'm sorry you're going through this. Good luck in the future.

Okay, I just re-read your post and I'm confused

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I decided to give it to him.

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I did not give permission to share info. I have signed to not share only when allowed by (law).

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Did you sign a consent form for your diagnosis to be shared with your employeer? If so, no violation has occurred.

I think you may have had a case against your employer, if you had not of resigned.

I think that you should have had to release that information before it was shared with your employer. Please wait for some follow up advice.

On your last question (same question) others were requesting clarification. I will ask that your questions be combined, but please carry on the same question so that all of the information is included.

Did you or did you not sign a release authorizing the employer to receive the info and the Doctor to furnish it?

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Originally Posted by LearningAsIGo

Okay, I just re-read your post and I'm confused



Did you sign a consent form for your diagnosis to be shared with your employeer? If so, no violation has occured.

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Im confused also. Im really only interested in the Dr violation. I signed the usual HIPAA form to not share info (6 months ago). But also I was not asked or did not give permission for info to be shared with employer. In fact I talked to Dr and she said she can't tell anyone anything unless I give her permission.

So ask your doctor for verification of your permission.

Ask for your HIPAA release.

A HIPAA violation is a fine violation to the doctor/doctor's office.

It's not intended for a suit that you can prove damages against, even if you have incurred damages.

I think I would go in to see an Attorney for a consult in this matter - I see a couple of twists and turns that I don't understand.

Your local Bar Association should be able to recommend someone who will consult with you for a very nominal fee.

Your resignation instead of firing does cloud things but I can't really get a grasp on what happened.

I think - because you obviously will be employed in the future and want to know your rights - I would check this out with legal counsel.

I don't like personal info on the legal boards but you certainly express the situation well, without anger, clearly, and that will work in your favor if you decide to pursue things. That is not always the case.

Good luck.

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Originally Posted by JudyKayTee

Did you or did you not sign a release authorizing the employer to receive the info and the Doctor to furnish it?

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I don't think I linked the great response you gave, but I really appreciate it!! :)

A lot here depends on exactly what was in those faxes. It the employer asked ONLY whether you could perform the duties involved in your job description and your doctor simply answered yes or no (especially yes), then there is no HIPAA violation. Your doctor did not reveal anything about your diagnosis or treatment. They simply commented on your ability to perform your job.

Since you volunteered the info about your condition to your supervisor, this further removes the possibility of a HIPAA violation.

On the other hand, if your employer was planning to terminate you over a medical condition, then they could be in violation of the ADA.

The problem here is the liability of the work place to allow you to work if you have
1. a obvious illness or injury that in their opinion effects your job
2. if you complain about a injury and ask not to do certain duties or perhaps those duties are not up to proper levels.

So what exactly is the injury and what exactaly is the work done.

If you are putting together computer parts and come to work with a hand or arm in a cast, they may have the right to either know or to send you home for their safety.

The other issue is how did they know who your doctor was, I guess you had to tell them.
And how did they know you had this injury.

Next were you out on some either paid or unpaid medical leave.
If so, they do have the right to get a return to work permission from your doctor that either allows full duties or part duties.

Also are you on some partial duties and would they feel you can or should do your full job.

You need to explain this in a lot more details

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Originally Posted by Fr_Chuck

The problem here is the liability of the work place to allow you to work if you have
1. a obvious illness or injury that in thier opinion effects your job
2. if you complain about a injury and ask not to do certain duties or perhaps those duties are not up to proper levels.

So what exactly is the injury and what exactaly is the work done.

If you are putting together computer parts and come to work with a hand or arm in a cast, they may have the right to either know or to send you home for thier safety.

The other issue is how did they know who your doctor was, I guess you had to tell them.
And how did they know you had this injury.

Next were you out on some either paid or unpaid medical leave.
If so, they do have the right to get a return to work permission from your doctor that either allows full duties or part duties.

Also are you on some partial duties and would they feel you can or should do your full job.

You need to explain tihs in alot more details

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I was not out on medical leave. They knew of my condition because of super revealing info of another employee to me and I shared my story. I did not give permission to share medical info to my Dr

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Originally Posted by willowtree51

I did not give permission to share medical info to my Dr

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You are emissing the point. Your doctor did not share medical info (from what you said). He only commented on whether you could perform the duties of your job. No medical info was shared.