Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Human Resources (https://www.askmehelpdesk.com/forumdisplay.php?f=165)
-   -   Employer violated hippa (https://www.askmehelpdesk.com/showthread.php?t=711968)

  • Oct 26, 2012, 11:33 AM
    roadrashes
    Employer violated hippa
    Hi> Im on workmen comp in NY. I had an IME medical report completed and was to be forwarded to the agency's insurance carrier. The insurance carrier reviewed the report and sent it over to our Risk Manager. Then the Risk Manager forwarded my confidential medical report to my Program Director whom I never signed or gave him the right to review.This was not my direct supervisor but two superviors up the chain on command. In addition, his secretary opened the mail and reviewed it. Do I have any recourse?
  • Oct 26, 2012, 12:36 PM
    ScottGem
    Not with HIPAA. Not sure where you got the idea that HIPAA was violated, but it wasn't. HIPPA prevents your medical provider from revealing treatment and diagnosis info with 3rd parties without permission. I'm sure you authorized that your physician share with the insurer.

    From there HIPAA ceased to apply since the insurer is NOT your medical provider. That the company's Risk Mgr choose to share the test results with your Program Director may or may not be a violation of company policy. So you can talk to your HR department about that.
  • Oct 30, 2012, 02:10 PM
    SarasWhimsy
    I would add, that because it's a workers comp issue, you don't have as many options as you would if it was any other medical issue. I would not advise further investigation.

  • All times are GMT -7. The time now is 08:59 PM.