[learjetrt]

I was let go from the hospital I was working at as a respiratory therapist because I did not inform them of a new medication I was taking. In Sept of 2010, I had to go to employee health, speak with the nurse and the employee health physician that were the ones that I only dealt with and the physician called and spoke to my physician and he in turn sent a letter. The ONLY people who I was informed needed to know of medications the hospital employees might have to take are the nurse and the physician. I had filled out a form and the physician and I signed it that had 2 medications on there that I take and a note from my physician stating I am able to perform my duties without side effects of the medication. If there were changes in my medications, I was told and it was on the form, that I needed to bring it to the attention of the employee health nurse or physician of any medications or changes in the doses. Neither my manager or HR needed to know of the details. It was strictly between me, the employee health nurse and the employee health physician. The end of January, 2011, I was placed on a medication,I was not aware it was a controlled substance. I was out having surgery on Feb 16th, I went to employee health as I was cleared to come back to work without restrictions. I was then called by my manager on March 3rd, he stated that Human Resources called him, stated they thought I came back to work too soon after surgery even though I had been cleared through employee health and my physician. My manager told me they had to place me on administrative leave until it was cleared up, they he didn't know details. I thought this to be odd since I had already been cleared by employee health. HR does not get involved in the health of the employees. I had a meeting scheduled with HR at 10am I called the employee health nurse at 8am the morning of the meeting and asked explained to her what was going on. She stated she knew nothing about it, that I had done everything the correct way, and that HR does not get involved in the health of the hospital employees. While I had her on the phone, I informed of her two new medications I had been given, I told her what they were, she stated she needed to know about one of them, so I came in, added this to my list of medications. The next day they fired me stating I didn't tell them soon enough. I contacted an attorney who stated that it was an unlawful termination. Aside from all that with the attorney, I had filed unemployment and was granted it, then the hospital I worked for filed an appeal, gave them all my health information instead of just stating I failed to comply with the drug in the workplace policy which is what the letter stated, and my unemployment was pulled. It has come to my knowledge that my former manager and human resources have given specific health information to two 3rd parties, not only the unemployment board but I also turned in to the license board stating they "thought" I might be taking medications on a day where there was an incident with a patient we had in ICU and gave them specific information about my health issues and my medications, not only the new one, but the ones from last year. They were specific to what my medications where and why I was taking them. I thought that my medical history was protected to only the employee health nurse and the employee health physician. I had been told by my manager and the employee health nurse when I was let go, that they aren't allowed to tell anyone the reason I was fired, that they can only give my dates of employment and if I am able to be rehired. Isn't it a violation to give specific health information to a third party such as the unemployment board and or a licensing board? I can see if they just stated I violated the hospital policy which is what the letter states they gave me, but they have given out specifics as to medications I take, etc. And because of this, there is a chance I could lose my license to practice respiratory therapy and I have yet been able to find another job. While I would have a hard time proving what he says to prospective employers, I was never drug tested after I was given the new medication, I told the employee health nurse I hadn't even been taking them every day. I was also told by my manager last Sept when I first signed the form stating I was taking certain medications, he knew I was going to employee health for this reason, but he stated to me that what they tell me and what they decide is not information he is allowed to be told, but I found out today that he in fact does know everything and he and human resources have told the Colorado unemployment board and the respiratory licensing board. I would appreciate your expertise on this subject as I know that health care providers which would be the employee health nurse and physician who dealt directly with my primary doctor need to know, but I see no reason why specifics should have been told to third parties such as the unemployment bard and the license board. I am very upset as this is causing me a hard time to get a job and I have been a respiratory therapist for 25 years. Thank you so much for your help.

[joypulv]

This is far too convoluted to sort out and you are best off in the hands of the attorney.
Somewhere in the story, however, you do say that you failed to report 2 new medications. You don't say the date you were given them or the date you told the nurse on the phone what they were. Those dates are important, as are the names of the drugs. The rest sounds like extraneous detail to me for the most part. So again, talk to your lawyer.
As far as HIPAA laws go, you can wade through the law yourself online, and you will find that it isn't as all encompassing as many people think. Most of what you are referring to comes under company policy regarding privacy, not HIPAA.
And since you have been licensed in the medical field for 25 years, many people are going to hold you responsible for knowing what is or isn't a controlled substance, aside from the rule that you have to report all medications and you didn't until 2 hours before the meeting with HR.
I am not unsympathetic and don't mean to sound harsh, but your story as you state is sounds a bit like smoke and mirrors.

[joypulv]

OK, I read it again - so the 2 new scripts were written the end of Jan 2011, and you didn't tell the nurse until 8 am of March 3, 2011, 2 hours before the meeting with HR? I fail to see how you have a case of wrongful termination.
- It doesn't matter whether it was a controlled substance or not
- You should have known anyway, as a medical specialist
- You failed to report both of them, despite knowing from the year before what the rules were
- You will appear to be someone who tried to report them at the last minute, regardless of your true intentions
- The whole story about the 'incident in the ICU' is murky so we can't even comment on that
- HR does have the right to be involved with your medical information when you are going to be placed on leave or terminated (anytime, actually, depending on company policy, not HIPAA).

As far as the unemployment office and the licensing board, you are not protected by HIPAA, as far as I read the law.