Is this a hipaa violation?

[sabjon]

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

I LIVE IN GEORGIA. I WAS INJURED AT WORK. DUE TO COMPANY POLICY, THE STORE MANAGER WAS TO ACCOMPANY ME TO THE WORKER'S COMP DOCTOR. I WAS SHOCKED TO FIND OUT THAT THE STORE MANAGER WAS TELLING AN EMPLOYEE (WHO IS AN HOURLY EMPLOYEE) ABOUT MY WORKER'S COMP INFORMATION. I HAVE VIDEO DOCUMENTATION OF THIS. SHE WAS TELLING HER ABOUT MY DOCTOR'S VISIT AND WHAT WE DISCUSSED. I INFORMED MY MARKET MANAGER, WHO SAW PARTS OF THE VIDEO. HE TOLD ME THAT HE WAS GOING TO TALK TO HER ABOUT THIS, BUT I FEAR THAT NOTHING WILL BE DONE. I AM WONDERING, IS THERE ANY WAY I CAN FILE A LAWSUIT ABOUT THIS? I AM REALLY UPSET ABOUT THIS!What is the name of your state (only U.S. law)? GEORGIA

 

[cbg]

Even if your employer is subject to HIPAA, and by no means all employers are, workers comp claims are specifically and by statute exempt from HIPAA.

 

[ajkroy]

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

I LIVE IN GEORGIA. I WAS INJURED AT WORK. DUE TO COMPANY POLICY, THE STORE MANAGER WAS TO ACCOMPANY ME TO THE WORKER'S COMP DOCTOR. I WAS SHOCKED TO FIND OUT THAT THE STORE MANAGER WAS TELLING AN EMPLOYEE (WHO IS AN HOURLY EMPLOYEE) ABOUT MY WORKER'S COMP INFORMATION. I HAVE VIDEO DOCUMENTATION OF THIS. SHE WAS TELLING HER ABOUT MY DOCTOR'S VISIT AND WHAT WE DISCUSSED. I INFORMED MY MARKET MANAGER, WHO SAW PARTS OF THE VIDEO. HE TOLD ME THAT HE WAS GOING TO TALK TO HER ABOUT THIS, BUT I FEAR THAT NOTHING WILL BE DONE. I AM WONDERING, IS THERE ANY WAY I CAN FILE A LAWSUIT ABOUT THIS? I AM REALLY UPSET ABOUT THIS!What is the name of your state (only U.S. law)? GEORGIA

Posting in all caps is considered shouting and is rude.

HIPAA applies to medical entities. If you allowed your manager to be in the appointment with you or gave that person medical information about you, you have no claim against the doctor or his clinic.

Your manager has no obligation under HIPAA to keep anything that happened confidential.

 

[sabjon]

Sorry about the caps. I was really upset. It is company policy to have the store manager at the doctor's appointment for worker's comp. I understand that it is not against HIPAA law, but is there some kind of law that prohibits a manager to speak to other employees about someone's worker's comp case?

 

[cbg]

No. There isn't. There are going to be some employees who NEED information - supervisors who may have to temporarily fill a position or provide modifications; HR, who needs to know about leaves and FMLA and ADA accomodations; Payroll, who needs to know if leaves or disability benefits or other substitutions apply; and that's just for starters.

 

[sabjon]

I appreciate the help. Thank you!

 

[mack0123]

Is this a hipaa violation.

The purpose of title is to protect health insurance coverage for workers and their families in situations where they change or lose their jobs.

 

[cbg]

Yes, that was the intent of the original HIPAA. It was amended a few years ago, however, to include protection from the unauthorized release of medical information in some circumstances.

 

[DDDDDD]

This is incredible!!! Does this mean a person injured at work has no expectation to privacy with their doctor and their medical condition or status? That a company has the right to expose your medical issues to your coworkers?

 

[ecmst12]

It's not that they have the "right" to blab your medical information to the whole company, it's that the law does not cover a worker's comp situation at all. It would still be unprofessional and improper to release information to those who don't need to know it, but the HIPAA board would not get involved. IF your information was shared unnecessarily AND you suffered financial damages because of it, you could still theoretically sue for those damages, but that has nothing to do with HIPAA even if it DID cover this situation. The law does not cover everything.