[michfan]

I was diagnosed with a disability a couple of years ago. I gave my employeer my diagnosis when it was diagnosed. I was forced to go to the doctor to have them sign my job description. When I did, I was placed on FMLA and was giving reasonable accomondation request to give to employeer. My supervisor wanted to know what exactly was my disability was. My supervisor called my doctor trying to get information about my disability. By my supervisor calling my doctor without my knowledge,( My doctr refused to release info) is this a Hipaa Violation or a Breach of Hipaa.

[JudyKayTee]

No, it's not a breach. Only the Doctor can breach the confidentiality and he/she did not.

Do you have a Union or an HR rep who would handle this? No question that your Supervisor acted outside her authority.

[ScottGem]

Judy is correct, your supervisor asking for information is not a violation. Had the doctor given info that would have been a violation.

The question is whether the supervisor violated any company policies by trying to get the info.

[michfan]

My company does not believe in unions. Most of these complaints that are filed with the company are swept under the rug.

[ballengerb1]

Both correct answers. I never met a company who liked unions, they are the counterbalnce to the company. You could file a complaint with your companies HR department but specically what company regulation or law do you believe the supervisor broke?

[AK lawyer]

Evidently the supervisor is unfamiliar with HIPAA or didn't care. Perhaps he/she felt it wouldn't hurt to ask: after all the only person who would get in trouble would be the doctor, not the supervisor. If the supervisor needs this information, he/she should be asking you. If you don't know how to phrase the answer, you can request that your doctor give you a letter explaining the condition. That way, the doctor isn't going to get in trouble with HIPAA, because the only information released will go through you.

[Fr_Chuck]

Of course the supervisor appeared to have been trying to figure what jobs or duties you could do and wanted to clarify the details in the request for modified duties.

Next also was this a workers injury

[michfan]

I gave the supervisor the reasonable accomondations from the doctor on a Thursday. The doctor stated that I could doall my duties. The doctor placed it in writing that I need at least one day off a week. I informed the doctor that I only had 24 days off in 8 months.That averages out to 3 days off per month. I was forced to work 53 days and 37 days without a day off. I have a chronic sleep disorder that consists of excessive daytime sleepiness. My supervisor called on the doctor Monday after she received the note from the doctor. The doctor stated that my supervisor was rather forceful in her questioning and was asking personal information. My doctor continued to inform the supervisor that she needed to ask me. Our nurse at the building in which I work had an argument earlier about violating Hipaa. My supervisor stated in a meeting infornt of all the supervisors that " I am an executive director and I have the right to release and ask anything of snyone at anytime".

I gave my supervisor all the information that she needed from the doctor about my disability and also my doctors request for reasonable accommondation. She only called my doctor after she had this information and the doctors request for immediate FMLA due to me being a danger to myself. My supervisor forced me to go to the doctor to have paperwork signed. I gave her everything that she requested. This was on March 24th. I have not heard anything from my supervisor or company about any more medical information.

My supervisor forced me to go to the doctor to have my job description signed because of my disability. My docotr put it in writing that I meet all requirements and that I am fit to due my duties as long as I have reasonable accomondation. Since I have a chronic sleep disorder that I have excessive day time sleepiness, that I could wear head phones while I work to help keep me awake and focused. I just do not know why a supervisor is allowed to call a doctor and request personal information when the doctor gave her all the information that she requested. Also, I spoke with my last supervisor that left the building and told her what my supervisor was doing, she stated that in that position, she is not allowed to call your doctor and that I need to file a complaint with the company and with the Hipaa people. My old supervisor is a nurse and stated that my current supervisor is asking questions about my disability that she is not allowed to ask.

I was not injured. I have a sleep disorder. My doctor stated that I can do all the duties on my job description as long as I have reasonable accomondations. I just do not know how much more my supervisor wants in this matter. My doctor gave her all the information that she requested and that could give out.

[J_9]

You cannot file anything with HIPAA here as there was no violation. You see, an easy way to explain HIPAA is that it used to be known as doctor/patient privilege. Now, since your doctor did not give out the info your supervisor called for, your doctor did not violate HIPAA, and since your supervisor isn't your medical provider, your supervisor didn't violate HIPAA.

Your supervisor may have violated company policy, and that you should indeed take up with HR if you feel the need.

[AK lawyer]

... My supervisor forced me to go to the doctor to have paperwork signed. I gave her everything that she requested. ...
...

Did your supervisor force you to sign a release allowing your doctor to talk to your supervisor?

... Also, I spoke with my last supervisor that left the building and told her what my supervisor was doing, she stated that in that position, she is not allowed to call your doctor and that I need to file a complaint with the company and with the Hipaa people. My old supervisor is a nurse and stated that my current supervisor is asking questions about my disability that she is not allowed to ask.
...

Your old supervisor may be a fine nurse, but is still incorrect here. The current supervisor is not prohibited by law from calling the doctor or from asking the doctor questions about your disability. The doctor is, however (without a release), not allowed to answer those questions.

[ScottGem]

I just do not know why a supervisor is allowed to call a doctor and request personal information when the doctor gave her all the information that she requested.

Whether the supv is allowed to call depends on company policy. Most likely the supv can call and ask, but the doctor is prevented from answering without your permission.

Also, I spoke with my last supervisor that left the building and told her what my supervisor was doing, she stated that in that position, she is not allowed to call your doctor and that I need to file a complaint with the company and with the Hipaa people.

Your former supv needs to brush up on her understanding of HIPAA. As J_9 said there is no HIPAA violation because the doctor did not reveal any info he was not allowed to. So all you can do is report this to your company. The RIGHT way, In my opinion, was for your supervisor to ask you for any additional info s/he felt was needed. Then it would be up to you to decide whether to answer or get an answer.

[J_9]

It appears your old supervisor, the nurse, need to brush up on her HIPAA certification.