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JackBauer · Jan 7, 2009, 04:09 PM

I was injured on the job as a police officer. I have had to see the police departments physician several times over the last 2 years. He is now discussing my medical diagnosis with several members of my police department. The last time he examined me he also asked a police command officer to come into the examination room with us. I advised the doctor that I did not want anyone in there and he told me too bad. He then examined me in front of the uncomfortable lieutenant.

nursingstudent · Jan 7, 2009, 04:14 PM

Yes that is a HUGE HIPPA violation. That law states that any physician or anybody else involved in your care may not discuss your situation with anyone. By law they technically aren't even aloud to confirm that you are their patient. I work in the lab in the hospital where I live and even if I see someone in the hall that my family know, I can't even tell my family that I saw them.

Your physician is breaking the law.

JackBauer · Jan 7, 2009, 04:56 PM

Originally Posted by nursingstudent

Yes that is a HUGE HIPPA violation. That law states that any physician or anybody else involved in your care may not discuss your situation with anyone. By law they technically aren't even aloud to confirm that you are their patient. I work in the lab in the hospital where I live and even if I see someone in the hall that my family know, I can't even tell my family that I saw them.

Your physician is breaking the law.

The doctor is not my doctor but is the departments doctor. He is supposed to examine me and decide if I am medically fit for duty. He is not my doctor but since I am the patient, shouldn't I be entitled to privacy during an examination? I understand the doctor having to tell my job his opinion on my ability to perform my job from a medical point of view. I also understand that the department is allowed to have ONE liaison on this matter. What I don't believe is fair is that he openly discusses my examinations with several department members. I believe that is a Hippa violation as well as forcing me to be examined in front of a command officer. Thanks for your help nursingstudent.

ScottGem · Jan 7, 2009, 05:00 PM

Well that is a harder one. At lot depends on the nature of your contract. It could that because he was examining you to determine your fitness for work that a supervisor needed to be present.

I would first consult with your union representative and see what the union has to say about this. They can then tell you and maybe help you file a HIPAA grievance if appropriate.

JackBauer · Jan 7, 2009, 05:08 PM

Originally Posted by ScottGem

Well that is a harder one. At lot depends on the nature of your contract. It could that because he was examining you to determine your fitness for work that a supervisor needed to be present.

I would first consult with your union representative and see what the union has to say about this. They can then tell you and maybe help you file a HIPAA grievance if appropriate.

According to my union (who does not handle Hippa violations) the department has never had any supervisors or anyone present for an examination. I have been there 20 years and have been hurt on the job before. I have never had to be examined in front of a supervisor. The union states that this is called "past practice" and is a contract violation. I will be filing the Hippa violation paperwork anyway and see where it goes. I appreciate it!

ScottGem · Jan 7, 2009, 05:13 PM

OK, but I'm still not sure it's a HIPAA violation. Yes it's a contract violation and that's how you should pursue it.

Also, I'm not sure you fully understand what it means to file a HIPAA complaint. If a HIPAA violation is deemed to have occurred, then the violator may be disciplined, fired, retrained or fined. It does not mean that you will be compensated.

I'm not saying to not pursue the HIPAA issue, but I would hold off on it to see how the union greivance goes.

JackBauer · Jan 7, 2009, 05:30 PM

Originally Posted by ScottGem

OK, but I'm still not sure its a HIPAA violation. Yes its a contract violation and that's how you should pursue it.

Also, I'm not sure you fully understand what it means to file a HIPAA complaint. If a HIPAA violation is deemed to have occurred, then the violator may be disciplined, fired, retrained or fined. It does not mean that you will be compensated.

I'm not saying to not pursue the HIPAA issue, but I would hold off on it to see how the union greivance goes.

Yes I am aware that it would mean discipline as well as a possible suspension of his license to practice. Its not about money. Its about this guy being accountable for his actions and treating everybody else that has to see him when I am retired in the manner that they shoud be. We have several grievances in right now on the matter. I will also be filing the Hippa complaints and they can investigate. If they are not Hippa violations than at least I know.
Thanks