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    jazzclark99's Avatar
    jazzclark99 Posts: 1, Reputation: 1
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    #1

    Jul 7, 2014, 07:34 AM
    Hippa Violation
    I went to work on a Sunday night and left because I became very ill. I ended up having surgery the very next day. HR received a doctors note the same day stating I had surgery and would be unable to return for a week. I get back to work and I have employees asking my what was I sick from and what kind of surgery I received. I was OK with HR and my supervisor knowing my situation but not my coworkers. Is this considered a hippa violation? Is it OK for you supervisor to tell the worksite your personal business? What can I do at this point if anything?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Jul 7, 2014, 09:11 AM
    HIPAA applies only to professional health care workers and insurance companies. So no, if your supervisor told your co-workers about your condition that's not a violation of HIPAA unless he works in heath care. However, it may be a violation of company policy. I suggest you talk to HR about it - let them know that you considered the info you shared with your supervisor to be confidential, and you are upset that the information was not treated as such.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #3

    Jul 7, 2014, 10:21 AM
    How were they supposed to explain your absence to your coworkers? "We don't know where she is" "She may be back some day, maybe not" "Maybe she quit, we don't know"
    The questions you indicated- asking what you were sick from and what kind of surgery you had--- prove to me that HR did not disclose personal information about you. And others didn't see you leaving on that Sunday evening? The questions you received may have come simply from others seeing you leaving because you were ill.
    I believe you are making a mountain out of a molehill here. Maybe you have other problems at that workplace you haven't described here.
    You could just have easily been writing here to complain that you were off for a week for surgery, came back, and no one even asked where you were or why you were off and weren't even concerned that you had to leave work because you were ill. The supervisor gave the minimum information (or maybe very, very little or none based on the the questions you described) in my opinion and left it in a status where you could explain what happened or just say "Thanks for your concern, but I am OK" and leave it at that.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Jul 7, 2014, 10:28 AM
    I wouldn't be happy working someplace where nobody even noticed or cared why I was gone for a week.

    Telling them you had surgery doesn't even raise an eyebrow... much less rise to a HIPPA violation even if it did apply here, which isn't the case.

    And like smearcase pointed out... they didn't even go into detail as to what or why. Everyplace I've worked the last 36 years (even part time in college) the workers were close enough they would have volunteered this information to their coworkers rather than hide it like a national secret... but was left to you to relay the details if you wanted... they didn't and I doubt it would have even violated any HR policy if such a one exists.

    http://www.hhs.gov/ocr/privacy/hipaa...srsummary.html
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 7, 2014, 11:07 AM
    I'm going to agree and disagree with your previous answers. It definitely is not a HIPAA violation since your health care workers did not reveal any info, it was your HR dept which is not under HIPAA rules.

    I'm also going to agree that your supervisor had to tell your co-workers something. Where I disagree, is in how much was given. I would have just left it that you were ill and they didn't know when you would return. I would not have indicated that surgery was done. On the other hand, as long as they didn't specify what type of surgery, the transgression is minor.

    Yes talk to HR and express your concern about what was told your co-workers. But I think you are making too much of this.

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