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Did my tattletale boss violate HIPAA?

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Mybosssucks

Junior Member
California: Hi, Friends: I am employed as a nurse in a medical facility. For 3 months my coworkers and I have filed incidents sheets regarding respiratory problems related to monthly pesticide spraying at work. There was no action taken by management. My boss called me at home last Fri. to tell me to get a note from Occupational Health Dept regarding my symptoms. She thought she hung up the phone, but inadvertently left the receiver open. I was treated to 8 min of her unflattering impressions of me to a female visitor in her office. She related incidents that were untrue. It is apparent she took no action because she thinks I am trying to get time off. She topped it off by revealing private, damaging, irrelevant (and incorrect) medical information about me to the stunned listener. Is this a HIPAA violation? Have I any recourse?
 


Beth3

Senior Member
No, this is not a HIPAA violation. Worker's compensation situations are excluded from medical confidentiality laws. Aditionally, medical information that you or your doctor provide directly to your employer (doctor's notes, the respiratory incident sheets, and so on) fall into the category of employment records, not medical records.

I think you have good reason to complain to management about the things your supervisor said but I don't see any legal claim for you to make.
 

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