I am undergoing a fit for duty evaluation and I was required to sign medical release documents. I was adivsed that if the evaluators required more information they would contact me, I was just contacted by my employer who stated they received a call from the evaluators stating that they had not received medical information from a specific provider and that I should call and have the information expedited, I never authorized the evaluators to release names of my service providers to my employer. I am now concerned that they know this information and what the repercussions will be to my job. Is this a HIPAA violation?

You are wondering if the evaluators violated HIPPA by telling your employer the identity of your providers? Are these evaluators covered by HIPPA?

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Originally Posted by jim1215

I am undergoing a fit for duty evaluation and I was required to sign medical release documents. I was adivsed that if the evaluators required more information they would contact me, I was just contacted by my employer who stated they recieved a call from the evaluators stating that they had not recieved medical information from a specific provider and that I should call and have the information expedited, I never authorized the evaluators to release names of my service providers to my employer. I am now concerned that they know this information and what the repercussions will be to my job. is this a HIPAA violation?

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Do you have a copy of the releases that you signed? What information did you authorize them to release? What information did they actually release to your employer aside from names? Why do you think there will be repercussions for this?

The evaluators are clincal psychiatrists from the university. I do not know what person's are covered by HIPAA. I am concerned about the repurcussions as the department now knows that I have seen a Psychologist and in the law enforcement community we are aware that this could cause problems. As far as I know just the name of the service provider was released. I signed a form stating that I was the patient and the department was the Client. And that the results of the evaluation would be sent to the department. It could possibly be that I am just upset with their lack of professionalism and courtesy. But I wanted to ask.

Quote:

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Originally Posted by jim1215

The evaluators are clincal psychiatrists from the university. I do not know what person's are covered by HIPAA. I am concerned about the repurcussions as the department now knows that I have seen a Psychologist and in the law enforcement community we are aware that this could cause problems. As far as I know just the name of the service provider was released. I signed a form stating that I was the patient and the department was the Client. and that the results of the evaluation would be sent to the department. It could possibly be that I am just upset with their lack of professionalism and courtesy. But I wanted to ask.

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I don't see this as a HIPAA violation. They didn't go into detail about your treatment or why you were being evaluated in the first place; all they gave was the name of your evaluator. If you signed a statement stating that your department was the client and not you individually, then you may have crossed a fine line as to what information is available to certain people.

Usually fit-for-duty evaluations include both medical and psychological information, i.e. names of service providers. If case notes, psychological test results, and other confidential matter weren't included in the report, there wasn't a HIPAA violation.

Should the evaluators not have been told that you had received psychological counseling? I wonder too, what did you sign? Do you have copies?