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    langoon's Avatar
    langoon Posts: 1, Reputation: 1
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    #1

    Feb 2, 2010, 07:13 AM
    HIPPA violation in the workplace
    In September of 2008 I entered a facility for substance abuse. Disability papers were faxed to my employer for verification. Someone in the office took it upon themselves to take the address where I was and write to me there (letter was sent "return to sender" by the facility), another letter was sent (again "return to sender") and then, this person emailed the facility to ask how I was doing. I feel violated by this person and my employer. Are there laws that required my former employer to protect my disability from co-workers and certainly, confidential information as to where I was? What are my rights and do I have basis to file a suit? Thank you.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Feb 2, 2010, 08:15 AM
    First let me ask what you wish to accomplish by filing suit? You cannot win money under a HIPAA violation. Actually, what occurs is that the entity or employee of the facility gets reprimanded and/or fined.

    HIPAA covers the medical practitioners who are involved in your care. It does not cover your co-workers or your employer unless you work for a medical facility.

    The facility you entered was under and obligation to verify disability benefits from your employer.

    Apparently the problem is within the walls of your employer. This info never should have been given to co-workers. This is not a HIPAA violation, but rather poor management by your employer.

    Is it possible that you go to your HR department, if you have one, and discuss your concerns?

    Again, I am sorry, but this is not a HIPAA violation.

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