[SMilligan17]

What is the deal with the fewer caps thing?? Sorry it's all in lower caps, but here goes:



I'm currently out of work disabled and have been since June 6. when I initially got the ball rolling on filing my aflac claim, I gave my boss the employer statement to fill out, but she said she wouldn't fill it out without seeing the doctor paperwork. My personnel file is full of doctor's notes for my absences and appointments and such, but no specific diagnosis information. So stupidly, I gave her my doc's paperwork with all my diagnosis info on it and then I came to find out from aflac that she didn't need to see it at all in order to fill out her employer statement. 14 days later, she has all my paperwork and has not called to tell me it's ready to pick up or that they faxed it for me and I can't file my claim at least until Monday because I keep getting the run-around.

Did she mislead me into thinking that she was allowed to see my doctor paperwork? I basically created my own violation but I was mislead by my boss into thinking it was necessary for my claim. Hipaa is so complicated and I don't know if there's a provision for something like this.

I feel wronged on so many levels here. And on top of that, when I'm able to go back to work I seriously doubt that I'm going to have a job so they'll essentially have fired me for taking advantage of a benefit offered through them, that I pay a premium on. Is that even legal?? Or, if they do let me come back, they'll find a reason to get rid of me. That's how this place works. They tried to get me to conspire with them to sabotage a former employee's unemployment claim by altering computer records! It couldn't have been done and I wouldn't have agreed to it if it was possible anyway!

The ironic part is that it's a healthcare services provider and the whole world revolves around hipaa there! violations abound and they don't care until it's audit time. I'm tired of it and there's nothing I can do about it.


Sorry for being so longwinded. I'm just desperate for help or even a starting point. I'm going to lose my job because of things I can't control and I want to take legal action against them if they've done something wrong to me. Thanks for reading. I'll take whatever I can get at this point since I can't seem to get a straight answer from anyone!

[Emland]

You may not have been required to give your medical records to the employer according to HIPAA, but you gave them over willingly. Your AFLAC representative could have advised you whether you had to show them or not.

IMO, HIPAA is something Congress passed to make themselves look like they are doing something useful when all it does is create more paperwork and no one is really getting any more protection than they had before.

If you take a lot of time off work, don't be surprised if they try to replace you. It isn't nice and it isn't always fair - it is what it is.

[s2tp]

Sorry I don't have any insurance advice or experience to share- but I couldn't help but notice you apologizing for the all in lower caps... I am going to guess you like to write in all caps? I only speak for myself here, but I know many agree- that writing in all capital letters is annoying for readers. In the online world, caps lock typing translates to YELLING and trying to make a point... therefore when I see something in all caps I feel like I am being shouted at... of course not everybody sees this as the case, but I believe the moderators here have limited the number of caps letters allowed to eliminate those who write only in caps... I hope this answers your first question... and again I am sorry I can be of further help on your main question. Hopefully your boss won't screw you out of this one.

[SMilligan17]

It's not like I can help it. Believe me, I'd rather be at work than stuck at home in pain and being useless.

Can they legally replace me during my use of their offered benefit? I plan on returning to work by the 6th of July. NC is an at-will employment state but it can't possibly be legal just to fire someone out on a company offered disability benefit.


Haha about the caps. I couldn't figure out why it kept telling me to remove the caps, so I took out every single one... didn't realize it was just talking about the subject title.
No I can't stand all caps typers.

[ScottGem]

As Emland said you voluntarily handed over the info so there is no HIPAA violation.

The best you can do is complain to the HR department that your boss mislead you.

You should check with the ADA, protection against being fired because of some disability would be under that.

[Emland]

Sure they can fire you for taking advantage of a company benefit. They can fire you for parting your hair down the middle. However, if they do release you for reasons other than misconduct, you are eligible to file for unemployment.

[SMilligan17]

I don't think I'm eligible for Unemployment benefits yet :( I've unfortunately only been with this shifty company for 3 months and have only lived in NC for 9 months. I don't want to lose my job. I know I follow HIPAA regulations to the t at work because I don't participate in discussions about clients, because frankly I just don't care. I don't leave files laying around and the Medical Records room is always locked.

I wish I could go to the HR department, except there isn't one.

Guess I can't win with this one. I'll start looking for another job.

[LadyB]

Depending on your illness/disability you may fall under some kind of protected status in the event you are fired.

[AlwaysOn]

As for the inability to get the Employer's Disability statement from your company, I would contact your Aflac representative. Ask them if they can connect whomever and get the form for you. Since you are concerned about keeping your job, it might not be wise to be create more of an issue about getting the form; your Aflac rep should be willing to intervene for you and exert some pressure to obtain the form. Whether you are able to keep your job or not (it isn't always a fair world, unfortunately), you have a RIGHT to that claim and the money due you.