[UPSET80]

My fiancé is currently on workers comp. He has not received a paycheck/workers comp check as of yet and on Tuesday it will be 8 weeks. He does have an attorney for this situation and we are getting kind of irritated right now. I am a full time student and am not working so we are relying on savings with is getting real real low. But anyway, one of his managers, who has not authorization what so ever, calle dover to the doctors office and tried to get info and also lied about the information and said that she had talked to a doctor. She had not. She talked to a secretary, who is one of his witnesses to this. Can anything be done about this? I want her to suffer just like we are and a lot of this workers comp situation is due to her lack of providing information. Please Help. Advice is needed badly. Thank you:mad:

[smoothy]

If no medical information was released to an unauthorized third party... no violation of the HIPPA law occurred.

Asking isn't a violation... giving out the information is. As I read your post... the Doctor told them nothing. And if they had... the violation would have been with the Doctors office, not the employer.

[ScottGem]

It was HIPAA rules that prevented the supervisor from getting any information because she was not authorized. This is not a criminal issue, your only recourse (actually your fiancee's only recourse since you have no legal standing) is to complain to his company's HR dept about the breach in ethics.

If you believe the supervisor is deliberately withholding information that has delayed the completion of your fiancee's case, then talk to his attorney and see if there is a possibility of a lawsuit.

[J_9]

Think if HIPAA like this... Doctor/patient privilege. Since your doctor did not give out any information, your doctor didn't do anything wrong. The employer/boss, is not covered under HIPAA.