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    adamaroth's Avatar
    adamaroth Posts: 1, Reputation: 1
    New Member
     
    #1

    May 11, 2006, 10:29 PM
    Hipaa Violations
    The owner/boss of the company I was working for asked me question concering my doctors appointment. She got angry and basically demanded me to tell whether it was for medical research because she had heard it through the grapevine. I lied and told her it was not for that. She demanded me to tell her if I was going to get paid for it. She intimidated me and made me feel unconfortable and put me in a position where if I had told her I was participating in a medical research I was going to get fired. Then after that she told me If I was lying to her she was going to fire me. She did some investigation after I gave her a doctors note, called them and found out it was for medical research and told me I was fired for lying to her. The research facility did not disclose any information about my health. Is she in violation of the HIPAA privacy act and what can I do about this. Thank you,
    Adam Roth
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #2

    May 12, 2006, 03:16 AM
    Here is some excellent info about this. Apparently, not all Research Org's are covered:
    HIPAA Privacy Rule and Its Impacts on Research

    Also see the first paragraph here:
    HIPAA Privacy Rule and Its Impacts on Research (more)

    I wonder, though, if the real issue might be your endangering your job by misleading them - if this research you are volunteering for is not related to treating a medical condition you have.

    If that's the case, then I think they'd have a right to consider it not a medical issue.

    ... just my take on it from an employers perspective.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 12, 2006, 05:37 AM
    I agree with Rick, the issue is not HIPAA but your lying to your employer. Its hard to know what info your boss got. With the doctor's name she might have just called and found out he was conducting research. She may have not been told that you were participating, but that was enough for her to put 2 and 2 together.

    Frankly, you dug your own grave In my opinion. You apparently used company time for personal reasons. You then lied about it. Either could have been grounds for dismissal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 12, 2006, 06:36 AM
    Yes, HIPAA regulates what medical providers can tell others without your permission.

    Or what your employer can tell others. If you are asking for time off for doctors visit, they have a right to request information about what you need the time off for.

    If this was paid research not needed medical treatment, this would be the same as taking time off for another job in their opinion ( unless you went to them first , which you should have, and got their permission)

    When you work for someone, you are expected to be at work from the start of the day to the end of the work day. If you are not, they are intitiled to know why you have missed work.

    Then when you had the chance to explain this, you felt you needed to lie.

    I would have fired you also, not only is this not a HIPAA violation but you will also not receive unemployment if your employer objects since you were fired for cause.

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