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HIPAA

Can a manager pull employee patient chart research the chart call the pharmacy using my date of birth and name getting list of my medications that I take and share this information with other co-workers with my patient chart in view for the other co-workers to see, can she take employee personnel folders home over the weekend and state out loud she was taking work Home! Can a person be terminated while on Medical leave for illness?

First, its not a good idea to piggyback your question on another thread. This can confuse matters as to which question is being replyed to. So I've moved your question to its own thread.

I assume that you don't work for a medical provider. If not, then there was no HIPAA violation since the medical provider acted in good faith because he had personal information.

But this was definitely a breach of ethics and it should be reported to your HR department.

Where do you work?

If the drug store released this information, they may have violated. Unless this dealt with workers comp and the company had a reason to know.

Next I guess why did they want to see this

Quote:

Originally Posted by ballengerb1

Where do you work?

I work in California For a hospital, Im a medical assistant. I was there for almost 2yrs .

Quote:

Originally Posted by Fr_Chuck

If the drug store released this infomation, they may have violated. Unless this dealt with workers comp and the company had a reason to know.

Next I guess why did they want to see this

It was not a workers comp case,it was my paitent information. Can she get information
And share this information with other co-workers?

We already answered that. Obtaining information by committing fraud is a breach of ethics at best and she may have committed a crime.

Have you spoken to your HR department about this?

I still don't think I see all of the details here but if Separated was a patient and her patient files where removed by her employment manager at the hospital there could be a violation here. Best thing is to file a complaint with OCR and let them figiure it out. How To File a Complaint Federal law will also prevent retailation

Quote:

Originally Posted by ScottGem

We already answered that. Obtaining information by committing fraud is a breach of ethics at best and she may have comitted a crime.

Have you spoken to your HR department about this?

Yes, But I was already terminated on 11/11/09 while on medical illness leave. Now for a whole different reason PHI. But I emailed the main coporate boss before all this took place about the hostile envoirment that I was under and the stressfull atmosphere and how my job was at risk.

Why were you terminated, what reasons was given? So you were terminated earlier in the day when you did your post, right? We should have gotten all the details up front.

So what do you want to do?

Quote:

Originally Posted by ballengerb1

Why were you terminated, what reasons was given? So you were terminated earlier in the day when you did your post, right? We should have gotten all the details up front.

I was terminated for PHI, but I got time and dates where the manager voilated PHI t policy excessively and I was terminated for it. But the thing was I was clocked out when I touch my patient chart I wasn't on company time. On 10/29/09 I emailed the main cooperate boss that my job was at risk and that I need his help due to the stressful atmosphere I was under at work because she was harassing, threaten me and I can only count maybe 6 times within the last 2yrs that I got a break.

Quote:

Originally Posted by ScottGem

So what do you want to do?

Im going to the labor board and Im looking into CFRA and DFEH see what rights I have I was still an employee on 11/10/09 and that was the day My Doctor faxed a note excusing me from work due to medical illness on 11/09/09 to 11/13/09 and I was under his medical care till 11/16/09 so I'm looking at getting a lawyer also but I just wasn't sure.

Quote:

Originally Posted by ballengerb1

Why were you terminated, what reasons was given? So you were terminated earlier in the day when you did your post, right? We should have gotten all the details up front.

I didn't know I was getting terminated.

How were you under his medical care until the 16th? It's only the 12th.

Quote:

Originally Posted by justcurious55

how were you under his medical care until the 16th? it's only the 12th.

I have a doctors note excusing me from work for illness until 11/13/09 and may return to work on 11/16/09

I went to the doctor on 11/09/09 had a doctors note faxed to my job on 11/10/09 at 4pm to excuse me from work till the 11/16/09 and exusing me from work starting on 11/09/09 till 11/13/09

I've re read this thread and I'm getting more confused. In the OP you stated that your manager pulled your "patient chart" and used info from that chart to get the pharmacy to give her a list of your meds. But wouldn't your meds be on that chart? You also claim that she let other employees see your chart and even talked about treatment. Also that she allegedly took those records home.

Then you ask about being terminated on medical leave. These seem to be two separate issues.

As for the first issue, I didn't initially see a HIPAA violation because I assume you did not work for a medical provider. After learning that you do, I agree there is a serious HIPAA violation if ANY employee used their access to patient information for personal purposes and especially if they revealed information about your diagnosis and treatment to others.

So if you can prove that happened, by all means, file a complaint about this with HIPAA.

The second issue is about termination while on medical leave. Part of the issue here is what the company's medical leave policy is. You might look at FMLA to see if they violated it.

I agree you should pursue this with the labor board and I would recommend hiring an employment lawyer to help you with your situation.

Quote:

Originally Posted by Seperated34

I was terminated for PHI, but i got time and dates where the manager voilated PHI t policy excessively and i was terminated for it. But the thing was I was clocked out when I touch my patient chart i wasnt on company time.

This is most likely what got you terminated.

Quote:

Originally Posted by Seperated34

It was not a workers comp case,it was my paitent information. Can she get information
And share this information with other co-workers?

Were these co-workers directly involved with your care?

As your manager, she does have a right to know your medical history. As a recently promoted Charge Nurse, I have access to the health records of the nurses who work under me. Why? I need to know if they are ill and if that illness can be transmitted to our patients. I have a right to know if they are drug addicts or recovering drug addicts. We do treat our patients with narcotics, so the drug addicted nurse has access to narcotics.

Quote:

But the thing was I was clocked out when I touch my patient chart I wasn't on company time

This is reason for termination alone. Accessing PHI (Personal Health Information) is against the law unless it is being used for the direct care of your patients. Since you were clocked out, it was obviously being used for reasons other than care of the patient. Why did you access this record?

Apparently they found out, while you were on medical leave, that you accessed this information illegally. Therefore, your employment was terminated.

You can go to whatever board you want and try to fight this, but I don't see you winning. EsPECIALLY since you accessed patient care records when you weren't on the clock.