I gave my FMLA paperwork to my H.R. representative who then gave the packet to the receptionist so she could schedule an appointment for me to meet with our FMLA person. Why the packet was given to her is beyond me since it was not necessary for her to have it in order to make an appointment. When she called me to make the appointment she was reading the documents and even asked me about my diagnosis. My permission that anyone but the FMLA person and my H.R. rep have and read the packet was never given and I want to know if my HIPAA rights were violated.

No rights were violated.

HIPAA only applies to the doctors office staff... nobody else.

http://www.hhs.gov/ocr/privacy/hipaa...ary/index.html

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Originally Posted by smoothy

No rights were violated.

HIPAA only applies to the doctors office staff...nobody else.

Summary of the HIPAA Privacy Rule

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Thank You for your response.
I found a List of HIPAA Compliance Rules for Employers document online and it stated, "All employers who offer group health insurance to their employees are required to comply with HIPAA rules.". This is why I asked the question, because I'm not sure if a "rule" is the same as a law.

They can use any in house personel to process somethng. And many times those are people outside the HR department.

The Law specifically details medical practices handing out your medical files to other than those on th elist of people you gave them allowed such acess. EG.. usually your spouse.

Also... a good rule of thumb... rules are not laws. Nor are they treated as such.

And your employer actually is entitled to such information when the FMLA is involved... as eligibility has to be determined before you are allowed to take it.

Its questionable, in these circumstances whether your rights were violated or not. But if they were what do you want to do about it?

While there may not be a HIPAA violation, there may be an HR policy violation.

Thanks to both of you.
I found a document online pertaining to FMLA Employer Privacy Standards and while my HIPAA rights may not have been violated, it does appear that my FMLA privacy has.. . "Also, your employer may not share your medical information with others inside or outside of the company, unless it is necessary in reviewing the need to grant leave, such as with a management official."
Armed with this I am going to talk to the FMLA designee and find out why this receptionist was given my packet in the first place and will go from there. I believe I will file a complaint with my company and with the Department of Labor. Because HIPAA was not violated I cannot reasonably file any claims with HHS.
Again, thank you both for your responses. They helped quite a lot.

Good luck to you and let us know how it works out.

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Originally Posted by smoothy

... Also...a good rule of thumb...rules are not laws. Nor are they treated as such. ...

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Well, they very well might be "laws", although not statutes. I believe the HIPAA "rules" requiring health care providers to keep patient information private are regulations, which do have the force of law.

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Originally Posted by AK lawyer

Well, they very well might be "laws", although not statutes. I believe the HIPAA "rules" requiring health care providers to keep patient information private are regulations, which do have the force of law.

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Ah yes... in the legal world. Exact wording means everything, and as such is very important.

" I will file a complaint with my company and with the Department of Labor" and what will this get you other than making the folks inside the company not look at you favorably? Was this a receptionist or possibly the fmla's secretary or assistant who may be authorized to assist with your FMLA request.

Of course the issue is also, and I will be blunt, what is your status in the company, it is common for clerical personnel in doctors office to have the file, ( they file them) and often appointment data is written on or in the package.

So in some areas, you may not like it, but your complaint may not change it, it is a vague area and no real violation happened.

A employee who complains too much, esp one who is getting ready to be off on leave for long period. Should also consider managements view points of complaints.