[cgda]

I'm a nurse at a hospital and am very aware of HIPAA laws for our patients - and take them very seriously.

I was recently admitted to the hospital for a procedure. I scheduled it during time off work and did not tell anyone I work with about the procedure.
I received a call in my hospital room from Employee Health asking me if I needed short term disability.

I told Employee Health that I was very upset that they even knew I was in the hospital and that I had not told my manager or anyone at work and I did not want him to know. I was 'assured' that they were looking out for my best interest and that they receive a list of all hospital employees having procedures/surgeries. I was also told that they need this information in case I had something contagious to protect the patients when I return to work. (I was not admitted for a contagious disease.)

I received a second call the same day stating that they had talked to my manager (after very specifically telling her that I did not want my manager to know I was there) and he was requesting a doctor’s release to return to work. I told them I refused as I had never called in sick to work and they shouldn’t be asking me for an excuse. Upon my return I was not questioned any further and returned to my regular shift.

I have called our HIPAA representative and she is being told the same thing, it’s the hospital policy. When I asked her if they provided patient information to other hospitals, nursing home’s, etc. she said no as that would be a violation of HIPAA.

I have talked to other employees and they had all been contacted when they were patients. I’m confused. Is my privacy not covered as a patient even though I’m also an employee? What should I do? Can I get fired for pursuing this?

[Fr_Chuck]

It sounds like a violation to me, I do wonder why you did not go to another hospital, since in the same hospital where you work, I just see it totally impossible to keep it a secret

[cgda]

The insurance only allows us to use our hospital.

[smearcase]

I can't address the HIPAA question-just the 'Can I be fired for pursuing this?' part. If they want to fire you they most likely can find a reason of any kind and do so based on what I have been seeing involving two episodes I personally know of, recently. Neither involved HIPAA to the best of my knowledge but one was an x-ray tech at a hospital who had about 20 yrs of no problem history at that hospital who was coerced into resigning-I think that employees make a big mistake when they resign in these cases-it is easier on the employer when they do that unless they know they have no other option and it is definitely in their best interest to get it behind them as quickly as possible. Employers know that employees have little recourse unless they are in a strong union, or have a potential claim of discrimination of a category that the EEOC recognizes. Maybe HIPAA violations are easier to pursue.
If keeping your present job is essential to you I suggest that you talk to an attorney who is knowledgeable in HIPAA matters before proceeding. I don't like to advise folks to shy away from going up against what they feel is wrong but we all have to look at the most likely outcome of our efforts and what it might cost us and weigh it against the benefit of stirring the pot. Get some expert advice before you make your decision.