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-   -   Employer violation of HIPPA (https://www.askmehelpdesk.com/showthread.php?t=768004)

  • Sep 20, 2013, 02:03 PM
    jmgallegos
    Employer violation of HIPPA
    I worked for a hospital and exactly one year ago, I became sick at which point my doctor faxed in my doctors excuse giving me off for one week. I followed protocol and also called my supervisor to conirm. My manager claiming she couldn't read the note allowed coworkers to read it and then called my doctor asking what my medical condition was and made sure to mention to my doctor that I needed to be back at work immediately because she was short handed. After her conversation with my doctor, who was not within my employers insurance network, she shared all my medical information with coworkers. My privacy was invaded. I was humiliated and embarrassed and ended up quiting. I did file with HR the HIPPA compliance manager who never returned my phone calls. Was or is there anything more I could have done?
  • Sep 20, 2013, 02:48 PM
    AK lawyer
    You worked at a hospital which requested medical information from another medical service provider (your doctor), who was not your employer? Did your doctor share any information? If not, I don't see a HIPAA violation on your doctor's part, or on the part of the hospital. Your employer, although in the business of medical care, was not in the business of providing you medical care. Thus no violation.
  • Sep 20, 2013, 04:31 PM
    jmgallegos
    My employer was a hospital. My manager called my doctor who was not with the same company. The doctor did divulge all medical information. My manager was not and is not a doctor.
  • Sep 20, 2013, 04:38 PM
    Alty
    Quote:

    Originally Posted by jmgallegos View Post
    My employer was a hospital. My manager called my doctor who was not with the same company. The doctor did divulge all medical information. My manager was not and is not a doctor.

    The doctor that provided medical information to your employer without your permission, may be in violation but I don't see where your employer was.
  • Sep 20, 2013, 04:41 PM
    ScottGem
    Your employer has the right to ask for info. Your doctor does not have the right to give that info without your permission. Didn't matter whether the doctor was in the network or not.

    So the only HIPAA violation I see was on the part of your doctor.

    Your manager may have some ethics challenges, biut I don't see a HIPAA violation.
  • Sep 20, 2013, 04:44 PM
    joypulv
    Most doctors I have ever seen have me sign something allowing them to release information relating to my treatment and condition. Do you know for a fact that you didn't?
    I haven't seen one in years, but I think that it allowed for release to other medical providers. Perhaps your doctor's office wasn't aware that your employer, being a hospital, wasn't in the scope of the release.
    HIPAA as far as I know doesn't provide compensatory damages. They fine and take away licenses.
    You would have to sue for lost wages in civil court, I think, and I think you would probably lose.

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