[hardworkerfl]

A former girlfriend, who has never been to my place of employment before, informed me that she went to my place of employment last week to supposedly surprise me with lunch. She spoke with my manager and he disclosed to her that I haven't been to work since Friday, that I came into work Monday and gave him a Doctor's note that said I was off work due to worker's comp injury and would not be returning to work until I was to see a specialist and other information about my medical situation. I did not apprecaite this information being given out. Isn't this in violation of the HIPPA LAW? Look forward to a response, thanks.

[Fr_Chuck]

Your work place may tell someone you are not at work, they may tell them you went to a doctor and may bell them you are not working due to workers comp injury, So did they give specifics of your injury they would have only gotten from the medical report of your doctor,

http://www.hhs.gov/ocr/privacysummary.pdf

[J_9]

Sorry, but no, this is not a HIPAA violation. It would be had your employer been your doctor or your nurse.

You see, for it to be a violation of the HIPAA laws it is the treating medical professionals that have to give out the info.

I will agree that this is bad business on the part of your employer, but because your employer is not your health care provider it is not a violation of HIPAA

[Fr_Chuck]

What if??

J9 the person was the administrator of the employee workers comp for the company and the plan had over 50 employees, would they be considered an "agen in fact" for the workers comp company.

But then it would be divided at best between the info gained from company reports and the actual reports the doctor sent them.

[J_9]

Well, I worked for Worker's Comp attorneys for a good number of years and we could not disclose the medical diagnosis of the injured worker with anyone outside of whomever was directly involved with that case. However, if we did, it still would not be a violation of HIPAA. HIPAA is only directly involved with the caregiver or health care provider, i.e. doctor, nurse, CNA, physical therapist, etc, directly disclosing information.

Chuck, you are going down a completely different legal path here.

[Fr_Chuck]

Ok, will be fully beaten and whipped and crawl off in disgrace for being wrong.

I do know some states have laws and at one time when I was in business there were some federal laws that required all business to keep any medical records in a separate file from other personnel records. And only people in the office or work place with permission ( authority) to view them could.

[J_9]

Yes, you are correct there, but that is not a violation of HIPAA.

HIPAA deals directly with the medical community releasing info. Don't ask me to remember what that entity is right now... LONG day of studying for finals, but employers releasing info is just bad business, and attorneys fall under a different category of the law for releasing information about a client.