Seeking New Employment

What is the name of your state (only U.S. law)? VA

I work in a doctor’s office (family owned). I am currently looking for another job.

My question is, if a potential employer calls my current place of employment for a reference, is the office manager allowed to relinquish personal information?

Such as issues with depression, anxiety, family issues, etc. My employer and I became really good friends (in the beginning) and I have discussed with her personal issues. I am currently in counseling and my employer knows this, but I don’t want a potential employer to know this prior to me possibly being hired.

Would this be illegal or just an ethical issue?

Additional Information: I have been seen and treated at my place of employment for depression, so I know this falls under doctor/patient confidentiality, but I am still concerned about them discussing my issues. They have no ethics what so ever. They have told patients (about previous employees) they had to leave due to getting a divorce, they left due to not being able to keep up with the patient load, etc. They truly can’t keep an employee to save their lives. The office manager is also known for gossiping about employees with other employees.

Personal information, yes. Medical information, no.

So being that I have been seen for depression at my place of employment, that would be my personal and medical, therefore they can not discuss it with a potential employer, right?

No, they should never be discussing any MEDICAL information about you with potential employers. Notice I am NOT saying that they cannot discuss personal information.

For example, if you were late frequently, they can say that you were late frequently. If you left early a lot, they can say that you left early a lot. This is true EVEN IF YOU WERE LATE OR LEAVING EARLY FOR MEDICAL REASONS. But they cannot say, he was late frequently because he was been treated for depression. They cannot say, he left early a lot because he had medical problems.

ForMyBrother said:

What is the name of your state (only U.S. law)? VA

I work in a doctor’s office (family owned). I am currently looking for another job.

My question is, if a potential employer calls my current place of employment for a reference, is the office manager allowed to relinquish personal information?

Such as issues with depression, anxiety, family issues, etc. My employer and I became really good friends (in the beginning) and I have discussed with her personal issues. I am currently in counseling and my employer knows this, but I don’t want a potential employer to know this prior to me possibly being hired.

Would this be illegal or just an ethical issue?

Additional Information: I have been seen and treated at my place of employment for depression, so I know this falls under doctor/patient confidentiality, but I am still concerned about them discussing my issues. They have no ethics what so ever. They have told patients (about previous employees) they had to leave due to getting a divorce, they left due to not being able to keep up with the patient load, etc. They truly can’t keep an employee to save their lives. The office manager is also known for gossiping about employees with other employees.

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**A: it depends upon what your definition of personal information is.

cbg said:

No, they should never be discussing any MEDICAL information about you with potential employers. Notice I am NOT saying that they cannot discuss personal information.

For example, if you were late frequently, they can say that you were late frequently. If you left early a lot, they can say that you left early a lot. This is true EVEN IF YOU WERE LATE OR LEAVING EARLY FOR MEDICAL REASONS. But they cannot say, he was late frequently because he was been treated for depression. They cannot say, he left early a lot because he had medical problems.

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I'm not so sure. Boss is apparently the office manager, not a physician, and the medical information was given outside the scope of providing professional services (i.e. office gossip). If this is correct then I don't see where any privacy protection is implicated.

It doesn't invoke HIPAA, I agree. But between limits under the ADA, FMLA and in many states, under workers compensation laws, it's simply best practice under HR policies not to mention any medical information to potential employers whether it is technically illegal or not. Since a number of variable factors determine whether it is or is not, it's simply wisest not to mention it at all rather than trying to figure out which of several unrelated laws do and do not apply.

cbg said:

It doesn't invoke HIPAA, I agree. But between limits under the ADA, FMLA and in many states, under workers compensation laws, it's simply best practice under HR policies not to mention any medical information to potential employers whether it is technically illegal or not. Since a number of variable factors determine whether it is or is not, it's simply wisest not to mention it at all rather than trying to figure out which of several unrelated laws do and do not apply.

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Undoubtedly a bad idea and one which will only lead to legal issues down the line. On the other hand, if the OP didn't want people to know private medical information, they shouldn't have told them. That's a bell that can't be unrung.

(Maybe they'll even come back and explain what exactly went on so we don't have to guess!)

I'm not exactly sure what is unclear about my first posting. But will try to put it a different way.

Started working in a family owned doctors office 4 yrs ago; when first started they were truly like a family. Office manager (boss) and I were pretty close and I would vent to her about family issues.

I have been seen and treated for anxiety/depression in the office; my anxiety/depression is related to my personal/family issues. So technically (me thinking) being that personal issues are the cause of my depression this is covered under HIPAA. Regardless whether I discussed anything with her outside of an office visit, once I became a patient at the office HIPAA should protect me.

I should have mentioned earlier the "boss" is no longer the "office manager". They hired a family friend to take over this position. There are times when the now office manager knows things about me that I feel she really shouldn't! Which tells me the "boss" has discussed my personal problems with her.

They are going to do what they are going to do, period. I want to know if this is an ethical issue or if this is a HIPAA violation.

I know it sounds like I’ve answered my own question; I guess I’m looking for confirmation.

Hipaa does not protect information you shared with her as a friend. It only protects information that she only knows because you are a patient there. So it might protect your medical diagnosis and treatment (unless you also discussed that with her outside of a work or doctor-patient relationship) but it wouldn't protect the personal stuff you shared with her as a friend. It might be unprofessional to discuss that stuff with people calling for references, but it would not be illegal.