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    loretta444's Avatar
    loretta444 Posts: 3, Reputation: 1
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    #1

    Aug 5, 2012, 12:37 PM
    HIPAA violation?
    I am a medical practitioner who informed my employer of a problem I have. They pulled my medical records and used them against me.I was fired. I gave no one permission to look at my files. None of them had treated me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 5, 2012, 12:41 PM
    This is close. If you weren't treated by someone at your employer how did they get access to your records? How do you know your records were accessed?

    But the issue I see is if the problem you reported affected your job, they may have had the right. In any case, you can probably be fired without any reason.

    Even if it is a HIPAA violation what do you want to do about it.
    loretta444's Avatar
    loretta444 Posts: 3, Reputation: 1
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    #3

    Aug 5, 2012, 12:51 PM
    I worked at an UC that is owned by the insurance company. So, no matter who treated me the info is there.
    I know they accessed it because they brought it to my hr meeting.

    What do I want out of it?? I want to nail them to the wall for all to know just who and how they are

    It is difficult because I worked for the insurance company and was insured by them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 5, 2012, 01:03 PM
    UC = Urgent care facility?

    Again this is a borderline situation. Without knowing what the problem was that you reported and how it affected your job (not that I'm asking for details) it's hard to be sure they weren't justified.

    But the answer is simple. You contact the OCR through the HIPAA web site and report it. They will investigate and take whatever action is appropriate.
    loretta444's Avatar
    loretta444 Posts: 3, Reputation: 1
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    #5

    Aug 5, 2012, 01:07 PM
    Yes, urgent care. I will do what you recommend. If nothing else, it will waist their time, resourses and make them sweat
    TY
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 5, 2012, 01:10 PM
    Let us know what happens, though you may never know what action is taken.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 5, 2012, 01:13 PM
    Most employers when you are hired get a blanket permission for background searches including credit and medical. If there was one signed without a date for it to no longer be effective, they may have well had written permission. They are not required to get a new permission if they had one previoiusly

    Next was it something that could effect your work? I know as a medical tech, I had to inform my work place of any medication I was talking, and any illness that could be caught by others. Plus a required annual physical paid for by the company. That they got.

    So there is just not enough known facts. But if they do, you report them and see if there is enough for the government to investigate.

    Plus hard to say without additional facts of what this is, but was the illness serious enough to have to fire you? Since you said you informed them.

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