Ask Me Help Desk - Employer hipaa violations?

I have breast cancer, or I had breast cancer recently.

My supervisor told all my peer employee managers before I showed up to work the day after I told him. He showed up with a girl to fill in for me while I left on FMLA. All she could do is tell me she is doing me a favor? I tried to be passive but I work for a large company. I was promotable and I was someone they were looking to move up soon. They do not have one female DM in my Region. Well my boss tried to terminate me whi;e I was on FMLA, and to try and smooth it over the HR rep told me my boss was sponsoring a fundraiser for me? Well my boss was not the one holding the fundraiser for me, but two managers in a complete other district? How did they get my information? Geez.

When the HR manager brought the fundraiser up to me, I said that is great and I asked again that my information not be shared. The first time I asked was in writing, because my boss wanted detail aside from cancer treatment. I was depressed and having to decide to take hormones at 39 or rish a reoccurance? I did not want to share this information... If I called in he would say there is something very very wrong with you. Seek medical attention, he was mocking me bad.

When I returned from FMLA I learned that the company held a meeting and passed out pink bracelets and were discussing placing collection cans in the stores. That was nice but what shocked me is that in this regional meeting with over 150 people there was also a blown up picture of me used to show them who had the cancer.I work in a male dominated industry, so I was not comfortable. Like I said around the same time or just before I asked the HR rep to ask people not to share my information althoguh I appreciate the thought. Then when I returned to work a managers meeting was held where everyone was told to stand and I was pointed out as the breast cancer girl. Things became real awkward for me as my superiors did not look me in the eyes anymore and instead of talking to me they would steer away from me.

When I complained to HR they said, "Yes well everyone handles issues like that differently? I heard the meeting was a heart felt meeting for all." I said well mybe for you but not for me.

Is this a violation

Simply no. HIPAA protects you from having your medical providers reveal information about you without your permission. You volunteered the info to your company, they are not your medical providers, therefore no violation.

While it may be a breach of ethics, nothing illegal was done.

What if they hold your insurance? They pay 100% I reimburse.

Still no. Think of HIPAA as doctor/patient privilege.

When posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

If they obtained the information legally as part of them paying for insurance, its still not a HIPAA violation but may violate other laws. But the thing is you volunteered the info.

P.S. when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

I understand, I guess I thought it was illegal since you are always hearing employers make such a big deal of it. It just seems wrong for them to spread my private information all over the place.

Quote:

Originally Posted by khaning

I understand, I guess I thought it was illegal since you are always hearing employers make such a big deal of it. It just seems wrong for them to spread my private information all over the place.

Morally wrong and illegal are two different things, unfortunately. There is no HIPAA violation. Have you talked to an Attorney about your emotional stress and embarrassment over the way this incident was handled? You CAN recover for monetary loss and medical problems caused by your former employer.

I did not see her say "former "? And if they did fire you while out on leave, that is illegal,

But if you sue where you work, or where you worked, in many carriers this will be a death sentence to any future employment in that industry.

I had breast cancer myself, and personally, I would have been moved beyond words had the people I worked for did for me what your employers did for you.

Again, you are the one who offered the information. Your employer did not find out about your condition strictly from your medical providers, so there is no violation here.

Well would you be moved beyond words at 39 standing up in a room in front of 300 men? If your male supervisors who once treated you like a solid manager started treating you like a stupid idiot? How about if the people who once wanted to promote you could not look you in the eye anymore. My boss also tried to terminate me 2 weeks after my bilateral with reconstruction, is that moving when you are single, 39 and raising a kid by yourself? Do not assume that I am some ungrateful loser. You have not walked in my shoes just because you have breast cancer. I did not ask for critism, and I did get fired form my job. The EEOC is scheduling a mediation! My boss was constantly on my case, and I made this company a million at least! Pretty bad when a sister wants to make another BC survivor feel bad. I guess some people like all the extra attention, but prior to this meeting I had already asked for privacy.

I am still in with the EEOC, and pending mediation

KHANING: "Well would you be moved beyond words at 39 standing up in a room in front of 300 men? If your male supervisors who once treated you like a solid manager started treating you like a stupid idiot? How about if the people who once wanted to promote you could not look you in the eye anymore. My boss also tried to terminate me 2 weeks after my bilateral with reconstruction, is that moving when you are single, 39 and raising a kid by yourself? Do not assume that I am some ungrateful loser. You have not walked in my shoes just because you have breast cancer. I did not ask for critism, and I did get fired form my job. The EEOC is scheduling a mediation!! My boss was constantly on my case, and I made this company a million at least! Pretty bad when a sister wants to make another BC survivor feel bad. I guess some people like all the extra attention, but prior to this meeting I had already asked for privacy."

You owe J9 a BIG apology. For that matter you owe her friends a big apology for even posting this rant. Please don't ever refer to me as your "sister." No way am I your "sister."

I'll start by saying J9 NEVER talks about surviving breast cancer because she likes the extra attention. Never, not once. She has helped countless people with her positive attitude and by surviving breast cancer and telling people it IS possible.

Any inference that J9, one of our MOST respected members and a well-educated expert to boot, is seeking attention is WAY out of line and offensive to everyone who knows her and posts on this Board.

I suggest that you take your judgmental, "oh poor me" attitude somewhere else. It isn't going to fly here. In fact, quite candidly, I'm surprised you are still here based on your previous rounds of name calling. Apparently you don't like to be corrected, and that includes being corrected kindly and gently.

No one here is going to tiptoe around you.

I've seen many of your other threads and posts, all confrontational, many incorrect. Maybe that's the reason your supervisors treated you like other than a first class, responsible employee.

And as far as a single mother raising a "kid" - Welcome to the real World. Some of us have been in places that make your experience seem very petty.

Boy you just keep blundering around don't you? Giving incorrect advice, insulting members, violating rules etc.

You need to step back and can the attitude and start researching your answers before posting.

Well would you be moved beyond words at 39 standing up in a room in front of 300 men? If your male supervisors who once treated you like a solid manager started treating you like a stupid idiot? How about if the people who once wanted to promote you could not look you in the eye anymore. My boss also tried to terminate me 2 weeks after my bilateral with reconstruction, is that moving when you are single, 39 and raising a kid by yourself? Do not assume that I am some ungrateful loser. You have not walked in my shoes just because you have breast cancer. I did not ask for critism, and I did get fired form my job. The EEOC is scheduling a mediation!! My boss was constantly on my case, and I made this company a million at least! Pretty bad when a sister wants to make another BC survivor feel bad. I guess some people like all the extra attention, but prior to this meeting I had already asked for privacy.

Let me make this clear to you, #1, I am NOT your "sister." I was 32 and a paralegal in a prestigious Detroit based law firm. A predominately MALE profession. To make matters worse, my boss, who was a LAWYER called my doctor to get my medical information. That LAWYER knew better and knew about HIPAA laws, but that didn't deter him. Luckily I had a great plastic surgeon who gave that LAWYER a piece of his mind!

I was a mother of a 4 year old daughter AND a newlywed. Do you have any idea what a bilateral radical mastectomy and the subsequent lengthy recovery and reconstruction does to newlyweds in the bedroom?

You need to get your head together. These men weren't looking at you like an idiot. Rather, men don't know how to deal with situations like this. Men are "fixers" and this isn't something that they can "fix." Also, it is quite uncomfortable for men to deal with friends/family/co-workers with breast cancer, it's not like lung cancer. Only women have breasts and some men find this an embarrassing topic.

These people wanted to promote me as well, until the cancer, that is. I had to endure 5 more years under this "regime" that I worked in so that I could continue my chemotherapy and subsequent reconstructions. I needed the insurance.

This breast cancer threw my husband into a very deep depression and I became the sole provider for our family. Remember, I was a newlywed. I was the sole provider and taking chemo during my lunch hour then going back to work.

Rather than pi$$, moan, and b1tch about it, I one-upped everyone who had treated me like a piece of trash. I went back to school to get my nursing license. I am now an RN dealing with women's health issues. I graduated nursing school at the tender age of 44.

I also delivered a healthy son after being told that I was rendered sterile because of chemo.

I'm not trying to get attention, just telling you my story.

In the end, you volunteered this information. Yes, you asked for privacy, but it appears that your employers wanted to do something for you, to help you, by doing a fundraiser. Guess they cared for you more than you thought they did.

From reading your original post, it appears that you are indeed ungrateful. They were actually honoring you by giving out those pink bracelets and showing the picture of you.

*Clunk* Off my soapbox now.

Quote:

Originally Posted by JudyKayTee

KHANING: "Well would you be moved beyond words at 39 standing up in a room in front of 300 men? If your male supervisors who once treated you like a solid manager started treating you like a stupid idiot? How about if the people who once wanted to promote you could not look you in the eye anymore. My boss also tried to terminate me 2 weeks after my bilateral with reconstruction, is that moving when you are single, 39 and raising a kid by yourself? Do not assume that I am some ungrateful loser. You have not walked in my shoes just because you have breast cancer. I did not ask for critism, and I did get fired form my job. The EEOC is scheduling a mediation!! My boss was constantly on my case, and I made this company a million at least! Pretty bad when a sister wants to make another BC survivor feel bad. I guess some people like all the extra attention, but prior to this meeting I had already asked for privacy."

You owe J9 a BIG apology. For that matter you owe her friends a big apology for even posting this rant. Please don't ever refer to me as your "sister." No way am I your "sister."

I'll start off by saying J9 NEVER talks about surviving breast cancer because she likes the extra attention. Never, not once. She has helped countless people with her positive attitude and by surviving breast cancer and telling people it IS possible.

Any inference that J9, one of our MOST respected members and a well-educated expert to boot, is seeking attention is WAY out of line and offensive to everyone who knows her and posts on this Board.

I suggest that you take your judgmental, "oh poor me" attitude somewhere else. It isn't going to fly here. In fact, quite candidly, I'm surprised you are still here based on your previous rounds of name calling. Apparently you don't like to be corrected, and that includes being corrected kindly and gently.

No one here is going to tiptoe around you.

I've seen many of your other threads and posts, all confrontational, many incorrect. Maybe that's the reason your supervisors treated you like other than a first class, responsible employee.

And as far as a single mother raising a "kid" - Welcome to the real World. Some of us have been in places that make your experience seem very petty.

ERROR: You must spread some Reputation around before giving it to JudyKayTee again.

Thank you Judy, you brought tears to my eyes. A friend you are indeed!

Got your back, "sister," got your back.

OP is WAY out of line!

In the end, this is not a feel good board. It's a legal board and there was no HIPAA violation.

Love you Judy... muwahhh!