[jennybrown]

My boyfriend filed a workmans comp claim against the company we both work for approximately a year ago. Since he works in a very small dept. this required the company to fill his hours with overtime. When the individual was no longer willing or able to cover my boyfriend's hours, this particular indivdual went the HR person wanting to know when my boyfriend's next doctor's appointment was. The HR person provided the co-worker, not supervisor, with this information. The co-worker told HR that he would not be able to cover my boyfriend's hours for certain days and asked the HR person to move his doctor's appointment up. The HR person then called my boyfriend to ask if this was o.k. He agreed not even realizing that this was a violation of HIPPA. I could understand if his direct supervisor was asking about his condition and when he would be able to return to work. I am not totally sure but I don't think HR should ever be discussing an employees health or date of return with anyone other than the direct supervisor and on a need to know only basis. I am not sure what the statutes of limitations is on such a case, but I do feel like my boyfriend's rights were violated!

[ScottGem]

I don't see any violation at all. It appears to me that all the co-worker did deal with a scheduling issue. No medical information or diagnoses was revealed, only when your boyfriend would be off work so coverage could be scheduled.

That sounds very reasonable.

[Emland]

How exactly do you feel he was violated? He was violated because a dr's appointment was rescheduled?

[jennybrown]

No I feel he was violated because a member of HR discussed his medical condition as well as Physcian's orders and future orders with another employee who his not his superior in way shape or form

[Emland]

You OP says nothing about a discussion of his medical condition. The guy that was covering your BF asked when the next doctor's appointment was and if it could be moved.

[ScottGem]

Your initial post said nothing about a discussion of medical condition or physician's orders. All you spoke about was when the next doctor's appt was. And this was not unreasonable because what was really being asked is when your boyfriend would be off from work.

However, even if the HR person did discuss the medical condition or physician's orders, it would not be a HIPPA violation. HIPPA refers to medical practitioners revealing info. While the HR person MAY have committed a breach in ethics, it was not a HIPPA violation.

So the next question becomes what exactly did the HR person reveal to the co-worker and what proof do you have of what was revealed. Based on that, you might be able to force some disciplinary action against the HR person.