I am writing on behalf of my boyfriend. He checked himself into the hospital for alcohol detox. He was later transferred to another facility because the first facility did not have overnight accommodations for detox. Meanwhile he was assured of patient confidentiality. At that facility one of the psychaitrists called his works' governing agency to report the alcoholism diagnosis. The governing agency said that since no violation occurred at work or on said premeses that there was going to be no report. Then the Dr. decided to call his company and let them know of her diagnosis of alcoholism. EAP got involved and now the situation is very unfavorable for several reasons. Not only will this be very financially damaging but it has hurt his work relations/position. I am wondering if her decision to report information to these persons was a violation of HIPPA regulations and if so does he have any legal rights to pursue a case against the hospital or the doctor? If he should pursue legal means, do you have the contact informaton for a lawyer in the Parker or Denver Colorado area that could assist with our questions?

I appreciate your time,
Amy

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Originally Posted by awwonder

At that facility one of the psychaitrists called his works' governing agency to report the alcoholism diagnosis.

Then the Dr. decided to call his company and let them know of her diagnosis of alcoholism. EAP got involved and now the situation is very unfavorable for several reasons. Not only will this be very financially damaging but it has hurt his work relations/position.

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I need some clarification- what is the "works governing agency?" And who exactly did the psychiatrist notify?

There are some jobs in which for security reasons, the "governing agency" must be notified if a staff member is treated in an acute care setting--acute alcohol and or drug abuse and certain psychiatric disorders, for example--- just can't work in certain areas which require a security clearance.

So I guess it is important to know just who the physician notified. Was it the insurance company? Someone in Human Resources? The receptionist?

The FAA would be the governing agency. After they did not follow up, the Dr. notified the company directly... not sure at the company whom she spoke to but I know it got back to his boss.

Also let me remind you that he admitted himself voluntarily and the dr. diagnosed him as an alcoholic in less than 30 minutes while he was intoxicated. She also asked several questions that seem inappropriate such as occupation, etc...

Well, the FAA would be one of those agencies that can't allow people to work while impaired.

Do you want to be a passenger on the big jet when the Air Traffic Controller is impaired and can't coordinate the landing with the pilot?

Just like a psychiatrist CAN violate confidentiality if he believe the patient will harm someone else, other physicians may be obligated to step in when a patient's "problem" can cause direct danger to others

And to take the big circle, if your boyfriend was admitted (voluntarily or involuntarily), he somehow is still going to have to tell his supervisors if he is going to need time off.

Sorry if it is causing problems with his work, but if he was acutely ill with his alcoholism, in his position, it is probably better that he not be working in some positions,

Ok, if the FAA though employee programs referred him to this program, even if he went in and signed hisself in, he was still being referred there by the agency.
** since how could they follow up if they did not know he was there.
So yes they can and do release this information in these cases.

I do believe a lot, ( and I mean alot) of the information is being left out here. I would say that from personal experience they don't give out info unless they are required to. So please from the very beginning give a detailed account of this, did the employee assistance program recommend him to go to counseling ?

This would be nice to read this from your bf's side, not the interpretated version from you. That means all the details. How did he come to check himself in? Who told him he needed to go in? You said that the diagnosis of alcoholism was given in thirty minutes, while he was intoxicated. If he had a very sharp doctor, whose field of expertise is in alcohol addictions, then why do you doubt this diagnosis? What did he say to the doctor during the interview? Doctors are trained to pick up all the cues.

About the dcotor calling your bf'a agencies - she may well have been following guidelines, especially since your boyfriend works for a federal agency and the EAP is involved. Do you know what the guidelines are? What is written down in the confidentiality agreement? What did he sign? There is an agreement most likely, an understanding that allows the information to be passed onto EAP.

I would not give any guarantee that your boyfriend has legal recourse. He has bigger issues to worry about. Getting sober, gettting into counseling, finding an AA, staying sober, going back to work (I am sure there will be provisions and supervision), and finding his way back on track. That is where his energies need to be. Yours too - you can benefit from
Al-Anon and some personal counseling too. It is not just him undergoing the challenges to new behavior and lifestyle. You are in that too.

Good luck to you both.

do you have to have a signed authorization form for someone to look at your medical records

No

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Originally Posted by hawk46

do you have to have a signed authorization form for someone to look at your medical records

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Who/what are you specifically addressing? Another Doctor? Your insurance company? An employer?

The usual answer is yes but there are exceptions.

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Originally Posted by JudyKayTee

Who/what are you specifically addressing? Another Doctor? Your insurance company? An employer?

The usual answer is yes but there are exceptions.

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The person whom looked in her medical files was a co-worker and her boss saw something in her med records which she did not like so she began yelling at my wife and demanded it be remove

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Originally Posted by hawk46

the person whom looked in her medical files was a co-worker and her boss saw something in her med records which she did not like so she began yelling at my wife and demanded it be remove

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Are threads mixed up here? Once again I am lost... can't tie this in to previous question.

[QUOTE=awwonder]I am writing on behalf of my boyfriend. He checked himself into the hospital for alcohol detox. He was later transferred to another facility because the first facility did not have overnight accommodations for detox. Meanwhile he was assured of patient confidentiality. At that facility one of the psychiatrists called his works' governing agency to report the alcoholism diagnosis. The governing agency said that since no violation occurred at work or on said premises that there was going to be no report. Then the Dr. decided to call his company and let them know of her diagnosis of alcoholism. EAP got involved and now the situation is very unfavorable for several reasons. Not only will this be very financially damaging but it has hurt his work relations/position. I am wondering if her decision to report information to these persons was a violation of HIPPA regulations and if so does he have any legal rights to pursue a case against the hospital or the doctor? If he should pursue legal means, do you have the contact informaton for a lawyer in the Parker or Denver Colorado area that could assist with our questions?



Without going into lots of details I've lived this situation - as long as you defend him you are enabling him and he will never, ever get himself straight. Ever. Let him work this out, post the question if his is interested. You indicate he works for the FAA - aren't they now Unionized? Perhaps this is a question for his Union. You appear more concerned about the employment problems than the diagnosis - and this is not "our" question: This is HIS question. I know it's also your life but you have to stop helping him. Sorry to preach but things can and might get lots worse.

The doctor

I love how everyone wants to now blame me for enabling him. However, my question was only regarding if the doctor had to right to contact his work without his authorization. According to all of the HIPAA law that I have read it is not allowed.
In all truth, we were planning (prior to this doctor/ patient breach of confidentiality) to going to counseling for his excessive drinking, etc. We had our own protocol that we would have preferred to follow-doctors that we would pay for, better rehab and counseling facilities, etc... Because of the doctors decision he now has to follow a mandated program that does not involve me and that quite frankly, I feel is sub-standard care.
As far as whom he works for I have not found any information that allows a doctor to contact a persons' work unless they are a threat---he was going to be off work for another week and she knew that fact.
He is doing quite well... has not had a drink since May. Our relationship is going well. His sponsor has even questioned if he is truly an alcoholic because he has no desire or need to drink and is getting through the program with flying colors. We have suffered several financial set-backs and this is because the mandated program is not covered by insurance.
Both of us are concerned that Dr. Kim Renee Guy at Porter Hospital in Denver will take this step with another professional who would not be as lucky (loosing work, etc.. )

I'm sorry you feel you are being judged - my feeling is with him working for the FAA the Doctor had a responsibility to report what he believes is alcoholism or, at best, excessive drinking.

What about the Federal Employees Union? What is their position?