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

    Feb 2, 2011, 02:09 PM
    Can my supervisor divulge personal medical information to her supervisor and HR?
    HIPPA Law in CO as it relates to substance abuse

    I took a two week absences from work to detox my body from alcohol and seek counseling from a CD Counselor. I work as a dental assistant at a prestigious university . I shared this information with my direct supervisor (the dentist) and asked her to keep it confidential. She asked me to tell her supervisor, the manager of the clinic, which I agreed to do when I returned to work. She took it upon herself to divulge my personal, medical information to the clinic manager,who then reported the same information to the HR Benefits personnel. I believe my HIPPA rights have been violated as I do not believe that I have to divulge my medical condition to anyone. In addition, I believe that both my superivisor and hers have violated my rights per HIPPA. Am I correct and if so, how should I proceed?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Feb 2, 2011, 02:28 PM
    Those people have a right to know.
    Your HIPAA rights have not been violated. It was incumbent upon your supervisor to inform those people ASAP since there may be rules in place about your ability to return to some/all your duties without certain formalities, such as a release from an MD.
    EliEW's Avatar
    EliEW Posts: 2, Reputation: 1
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    #3

    Feb 2, 2011, 02:41 PM
    Comment on joypulv's post
    I do have a medical release which I discussed with my supervisor and am filling out the required paperwork from HR. What if my co-workers were informed of my condition? It makes it very uncomfortable for me to return to work if they all know.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Feb 2, 2011, 03:04 PM
    It's best to use Answer rather than Comment.
    Your coworkers who aren't your superiors shouldn't be informed, and most universities are well schooled in this, so I would try not to worry about it. You can certainly ask if anyone has been told, and I doubt that they have.
    As for alcohol abuse, if you go to AA you soon discover that everyone is very good about confidentiality, even those who are open about it at work. Eventually you run into people you know, even a supervisor or two. You may find it a relief to be open about it after being sober long enough.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 2, 2011, 04:38 PM

    No your HIPAA rights were not violated, not even close. HIPAA covers medical practitioners from releasing information about medical diagnosis and treatment to third parties without permission. Since YOU provided the info to your supervisor there is no HIPAA issue at all.

    While your supervisor may have betrayed a confidence, she probably did so because of HR rules. Had you not mentioned anything, you might not have had to divulge any info, but once YOU did, then a whole other set of rules may have come into play.

    As for your co-workers knowing, HR and your supervisors should not be revealing any info to anyone who doesn't have to know, but word tends to travel fast.

    Basically your only recourse is to find new employment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Feb 2, 2011, 07:27 PM

    No there is no violation. Since you were having to take a leave they have not only a right but a obligation to tell HR and their supervisor

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