[serenasims]

I would like to know if I have law suit ability if my HIPPA rights are being violated at my workplace? The supervisor over the Health Services Section is asking me for my medical illness due to I am applying for an extension for my Catastrophic Leave. I have provided her with FMLA medical certification from my physician twice and she s stating that I need to provide her with medical verification regarding my illness. She is not my direct supervisor and I do not feel that I have to inform her of my specific illness. I have been approved for catastrophic leave in the past by submitting the same form that I have provided her and he is now denying my catastrophic leave. What can I do?

[Alty]

This is not a HIPAA violation. It may be a violation of your rights to privacy, but HIPAA? Not from what you posted.

You should talk to your immediate supervisor about this and ask why you're being denied when the same form was accepted in the past. Perhaps they have a new policy. If this person is not your direct supervisor, why are you giving this info to him/her? How is this person capable of denying you your leave? What role does this person play in the company you work for?

[Fr_Chuck]

HIPAA is them giving out your information to others ( but only if they are a health care provider) You have this law totally confused.

So just tell them no, they can ask for anything they want.

You need to be talking either with your supervisor and/or with the HR department

But the company may ask for a complete medical history of the problem, esp if this has been a continued issue

[ScottGem]

First it's HIPAA not HIPPA. Second, HIPAA does not provide for personal compensation for violations. If there is a violation the penalties are fines and sanctions against the violator, nothing for the person violated.

Finally, as noted, there is no violation here. Anyone can ask for your information. A violation occurs only when a provider reveals info without authorization. Plus it may be that this person is entitled to this information to process your request.

If the person is refuse to approve your request, then your only recourse is to take it higher within your company. If there was any lawsuit, it might be for denying you your FMLA rights.