[lnewingham]

I was refinancing my home to a lower interest rate. My credit was good and everything else was good appraisel and I met all the requirements. When the finance compamy notified my employer to verify employee status. The pay roll employee told the finance company that I have been employeed for 7 years and gave them my annual income. The payroll employee then further stated to the finance company that I was out on medical leave and on workmens comp. Now I am a civil service employee and get paid the same as if I was working from the sick leave I have obtained over the years. The finance company call me and said the imcome was good and the employment was verified. The finance company then told me that they would not be able to complete the loan due to me being on disability. I feel this is discrimination and think some hippa violation from the payroll employee. Can you assist me with this issue

[joypulv]

Being on WC or disability is not Protected Health Information under HIPAA, I believe.
HIPAA privacy doesn't cover what most people think it covers, a fairly narrow set of rules about transfer of medical information, and authorization of same.
What can be revealed by personnel can be found in your employer's policy, and if your civil service job is for your state, it might be online as well. When you agree to work at a job, you agree to their policies about personnel information. When you apply for a loan, the company has the right to ask about anything that affects your ability to pay over many years, and to investigate you.

I am not a HIPAA expert and you are free to consult one, or download the entire document from the US Gov't Printing Office. You can find the link on wikipedia.

[ScottGem]

No HIPAA violation. And probably no discrimination. The clerk was not your medical provider, not were they revealing medical diagnosis or treatment.

The bank was just reducing risks. Though there may have been a violation of the ADA.

[J_9]

HIPAA is Health Insurance Portability and Accountability Act.

I understand that you are out on medical leave and taking WC, but since it was not your medical provider giving this info out, no HIPAA violation has occurred.

[Fr_Chuck]

No there is no HIPAA violation, and in fact this was correct information, since you are not currently working, you are employed but out on WC. Unless you have a set date to return, your work status is unsure.

This is important information to a lender and I would assume it was somehow missed in your application as to your work status.

[lnewingham]

Thanks for your reply very helpful information, what is ADA?

[J_9]

ADA is Americans with Disabilities Act

[lnewingham]

Hi thanks for the information very helpful. I spoke with the Human Resources and according to them the pay roll employee was suppose to only verify that I work for the city and give them my annual pay nothing further. In fact HR told me they are the only ones who can give the status on a employee that is on disability. They cannot tell them why I am on disability enless I sign consent for them to do so.

[Fr_Chuck]

That would be a company rule, not related to the HIPAA.
But it is often common knowledge, in fact there is a posting that is required by OSHA that has to list various on the job injuries and the such.

[joypulv]

I agree that this is important information to a money lender and you should have revealed it. This doesn't carry the same weight about discrimination as say a rental or a job. A lender might have asked 'what does applicant do at his job?' to ascertain risk and the answer is 'nothing, this person isn't working' even though at your job, the clerk should have refused to answer. That might have meant you were denied the loan anyway. Whether you should be denied a loan is another entire issue. We don't know how much of the market value of your home you want to refi, what your disability and job risks are, and thus the risk to giving a loan.
So how much blame is there here, between the clerk and you? Perhaps equal.

As for formal complaints: you can look into a grievance with the city. ADA complaints take about 1.5 years to be decided, if they take your case, which I don't think they will. From what I read, HIPAA complaints are seriously backlogged and none so far has been decided for the plaintiff, since most have no case.

[lnewingham]

My personal health should not be a issue weather or not I should be approved for a loan. I have never heard of a bank asking you, by the way how is your health. I got hurt protecting and serving my community. I was not taking any extra funds from the loan I was just refin to go lower on the interest rate before rates go up, kind of like gas and everything else. I am not denied for the loan, the bank said we cannot close the loan until you go back to work, that's what the broker stated its FHA requirements. I asked the broker for that in writing and he just starting studdering and trying to come up with some excuse, which tells me he may be lying to me, kind of like criminals do when you question them.. LOL.. Thanks for all your information its been very helpful.