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    kdhoho's Avatar
    kdhoho Posts: 2, Reputation: 1
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    #1

    May 4, 2008, 07:03 AM
    HIPAA in the workplace
    Hi,

    I read through all the archives but I still have a specific question that I need answered. I work for a medical billing department. We are in cubicals and the woman next to me has had a serious condition in the past that she has openly discussed with other people. She has recently had a reoccurence of this same condition and has been on the phone with provider service reps and well as family members and also physically speaking to other employees in her cube but says she's too upset to talk to me about it even though we are very open with each other and discuss many personal things. (I definitely believe this woman has a drama thing going on!)

    The other day, she was very upset and crying a lot and discussing her situation, in general terms, with another employee which really upset me. I went to another employee who I knew already knew about the situation and told her that she was hysterically crying and asked her if this was a definite occurrence and she wouldn't answer me.

    Later on in the day, another employee pulled me aside and threatened me saying that if I said anything to anybody else that she would report me to HR. I was completely floored! Maybe I shouldn't have gone to this other employee but I was really upset about the situation and went to somebody that I thought I could trust but obviously couldn't. The person that threatened me keeps throwing HIPAA in my face saying that employee talking to employee volunteering medical conditions about themselves and family members is a HIPAA violation.

    Clear this up for me PLEASE!! :confused:
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    May 4, 2008, 07:08 AM
    Apparently the woman can discuss her medical condition, treatment with anyone she pleases but you CAN'T. You would be violating her rights. She can talk up a storm right next to you all she wants about this to anyone. You'll just have to mentally turn off your "hearing aid" when she begins her daily soap opera update. Sorry. Have to keep what the other woman babbles about confidential. Had you gone to HR and expressed your concern about the woman constantly discussing her condition to anyone within earshot probably would have fallen on deaf ears as well. Don't you just love co-workers like that? I've had them in the past and all I could do was turn off my "hearing aid" and continue to do my job.

    The other woman babbling away on company time to anyone who will listen is basically stealing from the company by not doing her job that she is paid for. Don't worry. She probably is not going to be there much longer to have to deal with if she keeps it up. She probably has been there a long time and sometimes employers will overlook this kind of activity by employees. The crying, etc. is totally unprofessional office conduct also, but what can you do? Right now, nothing. Just keep mum and mind your own business and you'll be just fine.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 4, 2008, 07:21 AM
    Quote Originally Posted by kdhoho
    Hi,

    I read through all the archives but I still have a specific question that I need answered. I work for a medical billing department. We are in cubicals and the woman next to me has had a serious condition in the past that she has openly discussed with other people. She has recently had a reoccurence of this same condition and has been on the phone with provider service reps and well as family members and also physically speaking to other employees in her cube but says she's too upset to talk to me about it even though we are very open with each other and discuss many personal things. (I definitely believe this woman has a drama thing going on!)

    The other day, she was very upset and crying alot and discussing her situation, in general terms, with another employee which really upset me. I went to another employee who I knew already knew about the situation and told her that she was hysterically crying and asked her if this was a definite occurence and she wouldn't answer me.

    Later on in the day, another employee pulled me aside and threatened me saying that if I said anything to anybody else that she would report me to HR. I was completely floored! Maybe I shouldn't have gone to this other employee but I was really upset about the situation and went to somebody that I thought I could trust but obviously couldn't. The person that threatened me keeps throwing HIPAA in my face saying that employee talking to employee volunteering medical conditions about themselves and family members is a HIPAA violation.

    Clear this up for me PLEASE!!!:confused:

    The person with the physical problem can discuss it with anyone she wishes; you cannot.

    Unfortunately, that's what it boils down to.

    I wouldn't care if it's a HIPAA violation or not - I just wouldn't want to be involved. With all the drama probably the less you know and say the better for you - for whatever reason the person with the problem doesn't want to discuss it with you.

    I agree with "Twinkie" - some of these issues are best left alone and sometimes you have to just close your ears.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #4

    May 4, 2008, 09:02 AM
    Take fair warning, and leave what's said in the office alone. As you have found out the hard way, one of your trusted co workers can't be trusted. Eyes open, mouth shut.
    kdhoho's Avatar
    kdhoho Posts: 2, Reputation: 1
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    #5

    May 4, 2008, 03:17 PM
    Thanks so much for the feedback. I appreciate it!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 4, 2008, 05:36 PM
    OK, let me disagree to a point, she was talking about her own medical situation, outloud in a open area with other people around.

    So once she publicly tells people about it, not told in the practice of medical care, just in public telling another person. So things told to antoher person, in the presence of a third person and not in the context of a medical care. This was not her billing or treatment here, merely disscussions of personal illness to another.

    I can not see where Hippa would even be over this, since at no time was any of this medical info received from anyone but the patient thierself in a non medical manner.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #7

    May 4, 2008, 06:04 PM
    We don't agree often, but I think you make a very good point here Fr. Chuck. What jumped out at me was the fact someone could take an innocent comment, and make a federal case out of it. I would be worried about the motives of a co worker who would do that.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    May 4, 2008, 06:10 PM
    Yes, move this same issue out of a medical billing office and make it a car transmission shop, where a customer is telling a mechanic in the shop about his taking viagra, he is talking in the shop, so all the mechanics hear them, first Hippa does not apply to mechanics, but this is merely third party knowledge told by the person with the medical issue.

    The part that was confusing them was that they were working in a medical billing office, but the medical info was not gained though any part of their work,

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