Can an employer call a health care provider to verify if a staff members next of kin is a patience in care.. (the father of a manager was on life support, in which case the father lost his life after the machine was turned off. While the father was on life support the employer call and verified the there was a patience in ICU that staff member reported in an attempt to requested days off work)

HIPPA covers YOUR personal medical records release to third parties not involved in your personal care... not verifying your claim for leave time related to someone else's.

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... While the father was on life support the employer call and verified the there was a patience in ICU...

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You mean "patient", I assume.

If the hospital told the employer that the father was in ICU, without the father's permission, the hospital probably violated the father's HIPAA rights. But the father is dead, so it's very doubtful that anyone has standing to complain.

If an employee wants days off, the employer has a right to proof of the reason.
I would assume that the employer would ask the employee for permission to call, but hospitals routinely give out a one or two word status of a patient.

From what you wrote, all the employer did was call the hospital to verify that the father was in ICU. No medical history was given. Only verifying that he was in fact there.

That's not a violation.

Some examples from HHS, but may or may not cover the situation you described. Whether the release of info contributes to the health of the patient, or whether the patient (not a relative) has given or denied permission for release of info, has some bearing on the decision the way I interpret it.

http://www.hhs.gov/ocr/privacy/hipaa...ovider_ffg.pdf