[alice gavi]

I recently injured my back at work and was seen in the emergency dept. I was referred to "Job Care" and saw a provider 3 days later. No drug testing was done. I do have a medical marijuana card and did not realize at the time the jacket I was wearing had an odor of the substance. I Found out that the aid and office clerk called my employer and informed them of their suspicion. The practitioner that I saw did not I was not impaired. My employer told me of the phone call and wanted a drug test which will be positive for marijuana. Is this a hipaa violation?

[farvaknowsbest]

Just taking a guess here, but since they didn't technically release any confidential medical records I would say no.

[joypulv]

It might be a HIPAA violation because an aide and clerk are not to handle this, but HIPAA isn't going to help YOU. They only take actions against medical organizations. And it can take as much as a year.
Your employer has a right to know what your conditions are and what treatments you have, whether you are impaired in any way or not. No different than if someone were prescribed heart or diabetes or any other medication - it can affect your safety and the safety of those around you. Someone could faint at the top of some stairs, or hurt themselves on a machine. The company insurer wants to know too, in case you sue, or a customer sues for something you did while under treatment. There is no right to privacy from an employer about medical matters.

[ScottGem]

What is this Job Care's relationship to your employer? It could be well within their purview to provide such info to the employer.

But since they did not discuss any thing about your treatment or diagnosis, no HIPAA violation occurred. They could have waked by you in a shopping mall and noticed the odor.

[alice gavi]

What is this Job Care's relationship to your employer? It could be well within their purview to provide such info to the employer.

But since they did not discuss any thing about your treatment or diagnosis, no HIPAA violation occurred. They could have waked by you in a shopping mall and noticed the odor.

Job car is owned and operated by my employer and almost 100% of all job related injuries in the county are referred to job care. I was seen by 2 practitioners, initially by a MD in the ED and by the FNP at job care I was not impaired, just can't see why it is any business of a clerk and nurses aid where I work. I was there as a patient.

[alice gavi]

I always thought that any part of your medical and personal information was confidential, and a clerk and nurses aid had no business looking at it.

[ScottGem]

I always thought that any part of your medical and personal information was confidential, and a clerk and nurses aid had no business looking at it.

But that's not what you said. You said they detected the odor on your clothes, not that they looked at any of your medical records. Yes, it would have been a violation for them to look at any medical records without permission or as part of their duties.

But according to you that is not what happened.

[AK lawyer]

Did you sign an authorization or release that the medical care provider report the results to your employer? If so, no; there was no violation.

[J_9]

Job Care is employed by your employer. These records are not covered under HIPAA when there is a work related injury. It's different than having been seen by a private doctor.