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    Pugly1789's Avatar
    Pugly1789 Posts: 6, Reputation: 1
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    #1

    Oct 21, 2013, 12:27 AM
    Hippa violation
    I was admitted to a mental hospital and my boss told several coworkers including calling my friend at home to find out information. My friend as a manager herself told my boss that was wrong. I have been harassed ever since depressed, anxiety, seeing a psychiatrist on medication and took a leave of absence. When my doctor extended my leave of absence my boss told me I needed to quit and she would not approve anymore time off. I talked to her many times about management treating me differently and what she did was a Hippa violation. I have worked for this hospital as a pediatric RN for 14 years with excellent reviews.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Oct 21, 2013, 02:47 AM
    I don't see any violation here. As far as you indicate, there was no personal information divulged, only a boss wanting to know what was happening. It is HIPAA by the way. If that was actually your question, whether or not it was a HIPAA violation.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Oct 21, 2013, 04:57 AM
    Employers have a right and an obligation to their insurance providers, your fellow employees, and your patients/clients to know your health status for the day you return to work, not just that you are 'out sick.' The days of just waiting to have a doctor give you an OK to return to work (or to keep staying out sick) are over.

    Your questions should not be about HIPAA but about company policy and about the FMLA laws of your state. It sounds like you are close to being terminated, and you are barking up the wrong trees. Don't let anyone make you think you have to quit, but with no more sick time (unless covered under FMLA), you have to settle this ASAP.
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    Pugly1789 Posts: 6, Reputation: 1
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    #4

    Oct 21, 2013, 05:13 AM
    My fault! Thank you for answering also! I was admitted to a mental hospital because I had to much on my plate and needed desperate help! My Doctor filled out an FMLA and faxed this to the number on the Family medical Leave Act paperwork. Well my Boss got a hold of this information not by me but by looking at what my doctor had wrote and that I was in a mental hospital ( I didn't quite put the most important information in my earlier question! I apologize ) She decided to tell 7 other charge nurses, Doctors, administrators, and called one of my co workers at home who also is a manager at another facility so she knows you never as a director of a hospital call some random person, friend or acquaintance ( my friend didn't know I was admitted by the way ) and try and get information out of them. My Boss/ Director asked what was wrong with me? What was going on? Basically wanted the gossip! She knows this is completely unacceptable as we have meetings on Hippa Violations all the time:) Anyway, my nurse friend/ Co worker told her she was shocked that she was fishing for information and I know this Co worker/ friend would never say anything and Good for her for standing up to this Director/ Boss and saying she was violating Hippa and was so wrong to call and ask any of my personal business. When I felt better I went back to my Job as a pediatric nurse working for the same company for 14 years I was treated differently by my boss/ The Director and my Assistant nurse managers etc... Anyway because there is a stigma to being admitted to a mental hospital I was watched, harassed and it got so bad I had to start seeing a psychiatrist and was put on medication. I Loved my job, was Great at it, won tons of awards and loved all of my peers and the doctors but, management made my life awful! I started getting panic attacks before I would go to work and they treated me horribly! If I told you what happened you would probably cry and say anyone would be institutionalized after that! I talked to her and a few other managers and excuses were made and then I had a meeting with my boss two years later (this harassment was still going on )stating she needed to meet with me on one of my days off. I answered in a flash any questions she had and had a few nurses I grabbed to back me up. She was trying everything to get rid of me. By the end of the meeting I saw my old co worker and stupid me believed her kindness and thought we had a great meeting and I was feeling much better. I was still having a few medical issues. I would never work if I wasn't safe! Just a few family personal issues/ Ok major issues but I'll be OK! I found out from an administrator who was going to retire after 30 years the next year who also suddenly was fired one day that management was watching me and couldn't really find anything a few charting issues which I had a great answer to everything and then she asked how I was doing and two days earlier my mom was diagnosed with cancer so I was a little emotional. Was happy with the meeting and she asked if I wanted to take a leave of absence for six weeks or longer if needed just to take care of my personal issues and mom and her treatments etc... my young husband had cancer, several strokes, I lost my babies etc... and I was manipulated into thinking she really cared. I filled out all the paperwork followed protocol, have never been written up or had a bad review and my doctor and I thought I needed a few more weeks to be even better! My doctor wrote an note extending my leave and my boss knew this. I got a call from my boss knowing my doctor wouldn't let me return to work yet. She had scheduled me to work the next day and told me I needed to write my letter of resignation by that night and it was already like 7pm and that she was the one to authorize my leave and basically still in shock She stated she needed a letter of resignation or your fired because she stated, "I'm the one who authorizes if I want to extend your leave!" I was Shocked! My co workers still think I'm on leave. After 14 years being an pediatric medical surgical oncology nurse I'm amazed however, its wrong and I would never go back to that environment even though I Miss everyone terribly! I'll be OK but, I don't think I can just give up that's not me! If I don't do something and she's been getting rid of all our best nurses or there all looking elsewhere to work. Come to find out she's already put one of our BEST nurses of 17 years on leave! Thank you for listening to my Longgggg story! Even if nobody responds because I know its long I just can't let her get away with this!
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Oct 21, 2013, 05:26 AM
    I can believe that manipulation of this sort goes on, especially when I hear that someone about to retire is let go, and others with many years work are being put on leave. It all boils down to money - admins are told to cut costs, and some of them do it in underhanded ways.

    Recourse isn't HIPAA, and to file a civil suit or a report to the Labor Dept would be difficult and would drag on for years. The only thing I can think of is to get the others in your situation together for a talk, and then go to a lawyer for an interview.

    I don't know why you didn't get a job elsewhere after the change in how they treated you?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Oct 21, 2013, 06:15 AM
    To start, it is HIPAA, not hippa.

    Unless your boss was your medical provider, or the hospital you work for was your care facility, no HIPAA violation occurred.

    I am also an RN and I teach HIPAA at my facility. What happened was that your boss made a clear error of judgment and should be disciplined by your CNO.
    Pugly1789's Avatar
    Pugly1789 Posts: 6, Reputation: 1
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    #7

    Oct 21, 2013, 08:09 AM
    Quote Originally Posted by tickle View Post
    I don't see any violation here. As far as you indicate, there was no personal information divulged, only a boss wanting to know what was happening. It is HIPAA by the way. If that was actually your question, whether or not it was a HIPAA violation.
    I was actually on line talking to an attorney then ended up here. I have never been on a forum. I didn't explain myself on first post please see 2nd post. Family killed, I was on FMLA under a psychiatrists care, worked for company 14 years. My boss was notified I would be out and why. My FMLA was addressed to HR sealed envelope. Boss opened it and told 7 people and called a co worker/ to get gossip not because she cared. Never been out of work sick and I see I spelled HIPAA wrong and I thank you for answering my question with out all details. Spelling HiPAA at this point is so minute but, you didn't have all the information and I tried to erase first post but, didn't realize you can't and I read everything but, its like I'm in a fishbowl. I want out of this forum. I can't believe how many people can be so mean or I'm probably just sensitive. Thank you I just felt I needed to explain a little more. All my personal information was divulged. Soon everyone knew. The hospital saved my life if you can call this a life but to lose your job after never being written up, excellent reviews and the circumstances. I don't want money I just want her to understand these laws are here to protect you.
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    Pugly1789 Posts: 6, Reputation: 1
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    #8

    Oct 21, 2013, 08:37 AM
    Quote Originally Posted by joypulv View Post
    I can believe that manipulation of this sort goes on, especially when I hear that someone about to retire is let go, and others with many years work are being put on leave. It all boils down to money - admins are told to cut costs, and some of them do it in underhanded ways.

    Recourse isn't HIPAA, and to file a civil suit or a report to the Labor Dept would be difficult and would drag on for years. The only thing I can think of is to get the others in your situation together for a talk, and then go to a lawyer for an interview.

    I don't know why you didn't get a job elsewhere after the change in how they treated you?
    As above I was asking an online attorney questions then ended up here. Never been in a forum don't want to be and I couldn't erase my first post which didn't have all the details. My mom, husband, twin babies all died. I was suicidal put into a mental institution under my psychiatrists care. I had an FMLA my boss was notified of my family and I would be out. My concern is my FMLA was addressed to Human resources in a sealed envelope. Totally different building. My Boss opened the letter 6 pages and read everything. None of her business. That's why HiPPA exists! She told 7 people I was in a mental institute which saved my life not that I have one. I have not been treated the same since! She even called a co worker at home and the questions asked were not caring ones it was gossip. Everyone found out and your realize your true friends. The hospital was the smallest of my worries it is that I never have missed work in 14 years, Exceptional awards, Exceptional reviews, I'm a Great nurse and would get praise weekly from my families etc... I didn't leave because when something happens like that you feel like you are in a fishbowl and when I'm treating my little kiddo's I'm myself and alive! I wasn't in any shape to go learn a new job. I Love all my coworkers! I don't want money! I want my life back and I feel like I need to stand up to these bully's who make me take a test every six months on HIPPA who did this. This is all new and it makes me sick how you can be so good at what you do and make a difference and then be treated like this. Most of my coworkers don't even know it was either quit or be fired! You need to be your own advocate! I don't want money! I want people to hear me and move on! I don't have time for people who are cruel! I die everyday but, when I went to work I was alive and the Best! Thank you for listening and sorry I didn't write all the information in the first place I just can't believe the world doesn't stop it just keeps going after this.
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    Pugly1789 Posts: 6, Reputation: 1
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    #9

    Oct 21, 2013, 08:39 AM
    [QUOTE=Pugly1789;3572801]As above I was asking an online attorney questions then ended up here. Never been in a forum don't want to be and I couldn't erase my first post which didn't have all the details. My mom, husband, twin babies all died. I was suicidal put into a mental institution under my psychiatrists care. I had an FMLA my boss was notified of my family and I would be out. My concern is my FMLA was addressed to Human resources in a sealed envelope. Totally different building. My Boss opened the letter 6 pages and read everything. None of her business. That's why HiPPA exists! She told 7 people I was in a mental institute which saved my life not that I have one. I have not been treated the same since! She even called a co worker at home and the questions asked were not caring ones it was gossip. Everyone found out and your realize your true friends. The hospital was the smallest of my worries it is that I never have missed work in 14 years, Exceptional awards, Exceptional reviews, I'm a Great nurse and would get praise weekly from my families etc... I didn't leave because when something happens like that you feel like you are in a fishbowl and when I'm treating my little kiddo's I'm myself and alive! I wasn't in any shape to go learn a new job. I Love all my coworkers! I don't want money! I want my life back and I feel like I need to stand up to these bully's who make me take a test every six months on HIPPA who did this. This is all new and it makes me sick how you can be so good at what you do and make a difference and then be treated like this. Most of my coworkers don't even know it was either quit or be fired! You need to be your own advocate! I don't want money! I want people to hear me and move on! I don't have time for people who are cruel! I die everyday but, when I went to work I was alive and the Best! Thank you for listening and sorry I didn't write all the information in the first place I just can't believe the world doesn't stop it just keeps going after this.
    Pugly1789's Avatar
    Pugly1789 Posts: 6, Reputation: 1
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    #10

    Oct 21, 2013, 09:39 AM
    Quote Originally Posted by J_9 View Post
    To start, it is HIPAA, not hippa.

    Unless your boss was your medical provider, or the hospital you work for was your care facility, no HIPAA violation occurred.

    I am also an RN and I teach HIPAA at my facility. What happened was that your boss made a clear error of judgment and should be disciplined by your CNO.
    First, I want to Thank you for the extra Information regarding HIPAA. You may have seen I shop on Ebay and check emails I have never been on a forum or whatever this is. I was actually online asking an attorney ( who knows who he was asking very simple questions and some how ended up on this. After I read what I wrote and realized I didn't give the entire story I now feel like I need to respond to everyone. Since you are an expert maybe you can answer my question. I started as a Labor and delivery nurse and Loved it! I'll make this short and sweet and yes I do know how to spell HIPAA I'm just exhausted and when I tell you my mother, husband and babies died (twins) you may understand why spelling HIPAA correctly when I'm living in a nightmare is just so small to me. Please don't take that as being rude either. Ive been spelling things wrong all night but, its so small compared to my life. I don't mean that rude at all. So anyway I went into a Mental hospital saved my life! I'm not ashamed! I feel bad about the stigma of mental illness though because that's what ruined my Job. I had an FMLA was never out of work besides this and an surgery in the entire 14 years, Excellent reviews, awards, Pediatric certified, chemo certified, going back to school, never late, Loved everyone, got along with everyone. MY Boss was informed obviously of what happened however, my FMLA went to HR. She intercepted it read it all, told 7 people that I know of called a co worker at home to get the gossip not empathetic or sympathy. My co worker is a manager at another job so told her flat out, " You can't just call people and try and fish for information!" I talked to her several times later about them treating me differently and watching me and not in a caring way! I don't want money however, she does this constantly! WE have all complained the Union is useless! This job was my world as well! I have given so much and had so much taken away. Please tell me that when you are protected under FMLA and you follow all protocol with HR. I met with them 4 times. Doctor's notes everything. My Boss/ director has No right to tell anyone I was in a mental institute. Everyone knew when I came back and It was a blessing to me however, I was never treated the same. My Psychiatrist even tried to mediate because I was sick to my stomach they harassed me so much! Most people witnessed this and the sad thing is most of them don't know I'm gone! Thank you for listening and the information.

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