I recently had issues with my HR department regarding a recent workman's comp claim I filed for an on duty injury. I had difficulty getting support from the DOL and found out that the HR staff person assigned to my case was not qualified or had not been trained to handle my case. She advised she was just temporarily filling the position and had no working knowledge regarding her current position as a claims manager. She actually referred me to a web sight for answers to my questions. I complained that my case was not being properly managed and I was not receiving the appropriate support. Subsequently, the HR manager assigned my case to a fellow employee. The employee is not a member of the HR team or associated with the HR department. I later found out that every document I sent to the HR manager was being forwarded to this fellow employee for review and processing and that the HR manager wasn't even monitoring my case. I complained to my employer because the agent was not qualified or trained to manage cases. I also informed them that I did not want a peer of mine having access to my personal information. Is this a substantial Hippa violation? Your advice would be appreciated.

So, the only people that received this information were people working on the claim? Correct? Your opinions of qualifications put aside. They were assigned to do this on behalf of HR, and were working on the Behalf of HR in that capacity.

If that's the case there was no violation... People directly involved that would be required to have access to it are allowed to, Now if they mailed it to everyone in the company or posted it on a bulletin board where it would be seen by people having no connection to your case or claim there would be.

If only you and your doctor would ever see it then you would not be able to process such a claim. This falls under a Need to know... as those people needed to have access it to perform their duty of processing it. Divulging it to third parties with no involvement in the process would have been a violation.

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Originally Posted by BKHTSH

Is this a substantial Hippa violation? Your advice would be appreciated.

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Hello B:

After reading your post, I skimmed the government website. The best I can determine is, it MIGHT be a violation...

But, beyond that, I found out that IF the government investigates and finds that a violation DID occur, they'll impose a civil money penalty of up to $11,000 per violation. YOU get nothing - except FIRED and your workman's comp claim denied...

MOST HIPAA complaints are against health providers - not employers. You can always find a new doctor. The same is not true with your job.

excon

Its HIPAA and its not a violation. You gave them these records or Okd your doctor sending them in. Everyone who saw the file was assigned to work on your case, no violation.

Just to clear up a few question you may have regarding my inquiry. I work for the government and the peer who was given all my paperwork to manage does too. But, she is not employed by the HR department. Has no background in HR whatsoever.

I agree with the others - this is not a HIPAA violation, unless the employee fails to safeguard your information. This is a case where your employer is acting in part as a medical clearing house (as a go-between between you and the company provides the workman's comp coverage), so they must adhere to HIPAA rules. But you haven't indicated that there was a violation of your privacy - the fact that you don't think the employee working the case is qualified is not relevant to HIPAA. If you want to pursue this further you could ask your HR department for a copy of their written policy regardng privacy protection of health records (which by law they must have).

Here's some good info on what HIPAA covers:
HIPAA Privacy Rule - What Employers Need to Know

First, please don't use the Comments feature for follow-up. Use the Answer options instead. It does not matter whether this employee worked directly for HR or not. The only facts that matter are whether the employee was assigned to work on your case and whether the employee revealed any information to an unauthorized 3rd party about your case. If they were assigned and didn't reveal the info there isn't anything close to a HIPAA violation.

Sorry this is not a violation, it may be poor management and it may be poor supervision, but.

1. it was not given out by a medical professional to anyone not authorised to see it.

2. even if you did not like this one person to see it, your opinion of their ability and their other positions make no difference, they were working for the HR on this one case.
Since they assigned them to do it they were authorised,
It does not make any difference if you wanted them to do it or not.

Also it is fairly common for many places to use temp or re-assign others temp when short of help.

And merely having people not properly trained is not a violation.

I know the last 29 years since I graduated College its become more frequent. In fact I routinely have to do jobs typically reserved for higher level managers if only for the fact... I have no higher level managers within several hundred miles that have even ever been to my office, much less familiar with site specific issues unique to this location. You do what you have to do, and you do what you are asked to do. Many times it won't be within your job description.

I'm not HR either but I have dealt with large numbers of Employee files over the years. And not just single issue items... entire work history files. Because I was asked to by my immediate boss. You do what you are asked to do... and treat anything you see as confidential.

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Originally Posted by BKHTSH

... I later found out that every document I sent to the HR manager was being forwarded to this fellow employee for review and processing and that the HR manager wasn't even monitoring my case. ... I also informed them that I did not want a peer of mine having access to my personal information. ...

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As a general rule, there is nothing requiring an organization to have a separate "HR" department. The human resources manager is also an employee and, thus, your "peer".