[STATEEMPLOYEE]

I had filed a grievence against my nurse supervisor and was ordered to do FIT FOR WORK testing. The doctor who is over all the state employed nurses gave my PHI to the mediator of my grievence, I had filed another grievence about refusing to sign a blank medcial release of my medical records, which I did not sign or list any of my doctors names or addresses. The mediator asked about a 2002 MRI I had privately had and was not employed by the state at that time. He told me at the FIT FOR WORK testing I was suppose to have a naother MRI to compare to the 2002 one. When I asked who had given this medical information he told me the State doctor who order the FIT FOR WORK. Thjis mediator of my giled grivence as nothng to do with my medial history. Is there any thing I can do to the state Doctor who gave out more medical information.

[Fr_Chuck]

Who does the mediator work for ? Are there court papers ordering the mediation. So you were refusing to go to and work with the mediator since you would not allow them medical records ?

Would need more info as to who the mediator works for, if court ordered and more

[STATEEMPLOYEE]

The mediator is the 3rd in line in the state grievence process. He ia an state employee. I am giong to work as an LPN but I am not allow to work only sit in the medical dept. and take up space. The fit for work was order by the state medical doctor (state employee) who oversees the medical depts. Of the Juvenile treatment and detention facilities, nurses and nurse practitioners. None of this is court but to keep my job, I have to do it. The state doctor who waned an MRI done December 13,2010 had information of a 2002 MRI done and the results, like I said NO ONE knee about the 2002 and I never gave permission to release this
Information besides I am not seeing the same doctor who order the 2002 MRI. They do not know the name of my present doctor all I can figure out information came from where I was employed in 2002. Remember I work for the state of Kentucky where they think is no such thing as Hipaa laws and privacy. They are jerking me around hoping I will give up and just quit, as the mediator told me know gets fired if you work for the state of Kentucky unless you kill someone on the job.

[ScottGem]

If I follow this you are being investigated for your fitness to work It appears that your medical info was obtained in the course of that investigation. That makes a HIPAA violation questionable. But if you feel that HIPAA has been violated then report it.

[Fr_Chuck]

I agree, I don't see a violation since it was an investigation about your ability to work. But the government agency will have someone that investigates this though HR, so report it

[J_9]

As a registered nurse well versed in HIPAA, I don't see a violation here. This was an investigation and all past issues must be taken into account for your employment.

the state of Kentucky where they think is no such thing as Hipaa laws and privacy.

That statement simply is not true.

[STATEEMPLOYEE]

My main concern is how a state employee could have access to my PHI from 2002 (I was not employed by the state until 2006) without me giving my permission to do so. I know my physcian did not give this information. If some one could give me some clues on how a physican who is employed by the state could get PHI without my consent even though this ("this was an investigation and all past issues must be taken into account for your employment") I never gave consent to anyone nor did I ever give the names of the phyusican or hosptial I was treated at. My main concerned is how this invormation was obtained.

[ScottGem]

There are a variety of ways it could have been obtained. From insurance records, hospital records, etc. We can't know if they were illegally obtained or not.

Again, if you feel a violation exists, report it to HIPAA.

[Fr_Chuck]

If you went to work for the state, you signed a document at that time to allow them to do background search including credit, work and medical, ( bet you did, it is in every application I have ever seen) and unless there was a specific date to end its effective, it would also be active and able to be used.

[STATEEMPLOYEE]

If I sign a release of medical info, why did the doctor ( not a state employee) who did the fit for work testing ask for a blank release of medical information if he already had been given my PHI by the state doctor. Makes no sense to me.