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Doctor told my boss medical info. In writing.

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txblond1

Guest
What is the name of your state? Texas.

not sure if this is the right place to post. I was sick and didnt want my boss to know what is wrong. He demanded a medical release. (It was female problems) I got a release and he called my doctor. She told him everything I said and even mailed him a letter. Isnt it agains the law for doctors to share confidential info?
 


ellencee

Senior Member
txblond1
Read your signed privacy/disclosure of information notice from your physician's office. Unless you signed giving permission for your medical information to be released to your employer or your supervisor, then no information should have been released. Even if you gave your "boss" a medical release signed by the physician and providing the physician's phone number and address, etc., unless you provided written permission for the physician (or MD's office) to release information to your employer or employer's representative, the physician (or MD's office) could not even state that you were a patient.

This link is to a fact sheet on how to file a HIPAA complaint:
http://www.hhs.gov/ocr/privacyhowtofile.htm

EC
 
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txblond1

Guest
Thanks ellencee

I never signed any releases for information to be given to anyone. I will fill out the form you sent and send it in. What happens after I do that?
 

ellencee

Senior Member
txblond1
The actions of your boss and the actions of your physician will be evaluated. If a violation of your rights is determined to have occurred, you may be contacted by a civil rights attorney or provided with instructions on the next steps you should take. HIPAA will communicate with your physician and his or her practice and their privacy officers and attorneys.

Do not start counting on any financial gain from this event. The privacy laws were not intended to be the next great way to win the lottery by suing healthcare providers. Most fines are paid by the violator of HIPAA to the government.

If you choose to file a civil rights violation legal action against your physician, please be fair and consult with an employment law attorney regarding the behavior of your boss. Most likely, your boss is not required to follow any HIPAA guideline but employers who are intruding on the privacy of their worker's health information is current topic of discussion related to HIPAA and civil rights.

Personally, I want to see HIPAA abolished or limited to initial concept instead of the mushrooming explosion it has become. Did you know it is illegal to look at your own medical records if you work in a healthcare facility that has your records on file? How ridiculous can one law become? Unfortunately, I don't think we've begun to see ridiculous.

Anyway--In your situation, your physician knew better, as did your boss, and HIPAA or no HIPAA, it was just plain wrong.

EC
 
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txblond1

Guest
I was thinking about monetery gain. Because of this doctor I did lose my job. A good job. I had gotted good evaluations up till the illness.

The doctor was fired when I talked to the head of her office. But she just went to work somewhere else.

My Boss was on his way out, he never cared about breaking laws at that point. Just cared about being in control and admitted it.
 

ellencee

Senior Member
txblond1
I imagine the practice fired the physician in an attempt to limit any fine that may be imposed on the practice. There is no reason for the physician to give up the practice of medicine; I doubt the MD will make the same mistake again.

Look up a civil rights attorney in your area and make a consultation appointment. I'd like to know if you stand to gain any financial award (if you don't mind sharing the information that you gain),

cbg and/or beth3 in employment law may be able to give you some insight into any possible action against your employer. Usually employment is "at will" and lawsuits for wrongful termination are difficult to win.
EC
 

stephenk

Senior Member
how long were you off work before getting fired? what was the exact reason/s you were given for being fired?
 
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txblond1

Guest
I only missed 2 days work. I was exposed to meningitis at my daughters day care, so I just said I was being tested for that. I really had a miscarriage. He said that he was talking to the lawyer because he talked to my doctor and I was not tested for meningitis at all. Asked me to resign so there would be no legal action agains me. My doctor told him everything, even what our conversation was about.
 

ellencee

Senior Member
txblond1
Are you sure you're not a certain civil rights attorney making sure I paid attention in HIPAA class?

Meningitis is a threat to the general population of your work environment and the community in general; however, without your written permission your physician can not release your medical information to your employer. If you had been tested for meningitis due to being exposed to meningitis, your physician would have notified the health department who would have notified all people of concern (your employer).

It was a mistake for you to state such a substantial lie to your employer as meningitis could pose a threat for everyone at your place of employment and the families of each employee.

EC
 
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txblond1

Guest
I didnt say I had it. Just that I was exposed and was tested for it. Not really his business if I had it or not. company policy states only needed a note from the doctor if out more than 3 days.
 

pebbles13

Junior Member
It seems to me this falls under "wrongful termination". If in fact all you are saying is true. Are you sure you are not leaving anything out? Does this boss have it in for you? Is there some kind of grudge? He is a real gerk if so. If in fact you have nothing to hide and have not been habitual about calling in sick, then this is wrongful termination. Persue it. I would start with the EEOC.
 

cbg

I'm a Northern Girl
I've got news for you, pebbles13. This is NOT a wrongful termination.

There are two classes of wrongful termination; violation of Title VII and violation of public policy. Title VII violations are terminations BECAUSE OF race, religion, national origin etc. A public policy violation is one in which the employee is termed BECAUSE he applied for or used a right or benefit protected under the law.

It is NOT illegal for an employer to terminate an employee for lying about the reason they were out of work.

There is a widespread but mistaken belief among the general public that they cannot be fired for anything even remoted related to medical reasons. Too bad it isn't true.

The fact that the doctor quite likely violated HIPAA does not prevent the employer from terming the employee for lying.
 
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txblond1

Guest
Why does this get a red envelope?

I didnt lie she did test me for meningitis. But she told him our entire conversation. In a Letter.
 

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