HIPPA question

[mbm62]

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

I have a question as to what protection HIPPA laws provide to an employee. When I started to have a health issue that came on suddenly, my manager apparently felt I must have been making up that I was in extreme pain. She proceeded to discuss my health issue with a contractor and she eluded to her doubts that I was telling the truth. My health issue was no ones business other than between her (my manager and management) and me. Does she have the right to discuss such personal health issues with another person even though they were not a full time employee but a contractor? She has also made it very difficult for me to see the doctor addressing my heath issue. Being aware of her doubts and not wanting to cause any unnecessary friction with my manager, I was taking my lunch time to address my many doctor visits. Many times my appointments surpassed the hour but, I was also very aware of her monitoring I made it a point to work the additional time to "make up" the overage and give the company the time that was due. Also, I'm in accounting...I already realize quite a bit of overtime each month. I thought for sure that working the additional time to make up the overage and because of all the overtime I realize each month, there would be no issue. I found out that right before I went on short term disability she had been docking me for the overage in the afternoon. I proceeded to explain that I would always make it a point to work to make up for that overage and also due to the overtime I realized each month, I didn't think there would be any issue. She proceeded to say that PBA was to be used for doctor appointments and the time that I worked to make up for the overage and the overtime I realized each month had no bearing on making up for the overage during the day due to my doctor visits and she had written company policy to back her up. This is the only company in the 22 years I've been in accounting that utilizes this practice. Do I have recourse as she in my opinion literally "stole" 22 hours of my benefits. Can a company utilize this sort of practice when its employees work enormous amounts of overtime yet they can dock an employee for 30 minutes over the hour (that was the employee's lunch time) even though the employee in good faith worked over to make up for that overage? Thank you.

 

[Proserpina]

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

I have a question as to what protection HIPPA laws provide to an employee. When I started to have a health issue that came on suddenly, my manager apparently felt I must have been making up that I was in extreme pain. She proceeded to discuss my health issue with a contractor and she eluded to her doubts that I was telling the truth. My health issue was no ones business other than between her (my manager and management) and me. Does she have the right to discuss such personal health issues with another person even though they were not a full time employee but a contractor? She has also made it very difficult for me to see the doctor addressing my heath issue. Being aware of her doubts and not wanting to cause any unnecessary friction with my manager, I was taking my lunch time to address my many doctor visits. Many times my appointments surpassed the hour but, I was also very aware of her monitoring I made it a point to work the additional time to "make up" the overage and give the company the time that was due. Also, I'm in accounting...I already realize quite a bit of overtime each month. I thought for sure that working the additional time to make up the overage and because of all the overtime I realize each month, there would be no issue. I found out that right before I went on short term disability she had been docking me for the overage in the afternoon. I proceeded to explain that I would always make it a point to work to make up for that overage and also due to the overtime I realized each month, I didn't think there would be any issue. She proceeded to say that PBA was to be used for doctor appointments and the time that I worked to make up for the overage and the overtime I realized each month had no bearing on making up for the overage during the day due to my doctor visits and she had written company policy to back her up. This is the only company in the 22 years I've been in accounting that utilizes this practice. Do I have recourse as she in my opinion literally "stole" 22 hours of my benefits. Can a company utilize this sort of practice when its employees work enormous amounts of overtime yet they can dock an employee for 30 minutes over the hour (that was the employee's lunch time) even though the employee in good faith worked over to make up for that overage? Thank you.

Unless your employer is a "covered entity" (ie, they are a hospital, health-care provider etc.,) they are not bound by HIPAA regulations.

 

[garrula lingua]

Are you saying you were an exempt employee under FLSA, and she still docked you when you exceeded the medical/sick leave, although you actually worked 40 hours or more (overtime unpaid) ?? Depending on how many employees, she can't do that if you are an 'Exempt Employee'.

Re the release of medical info: Tx does have a separate law which extends the protection of HIPAA. However, it is not always applied to employers (usu only via info received as 'health plan provider' and disclosed).
Tx also has some caselaw (lawsuits) based of the Texas Constitution regarding violation of privacy rights of employees (usu regarding searches and polygraph tests, but there is some family issues and medical situations re unpermitted disclosure suits).
There is also a common law basis for privacy, recognized in Texas.

Bottom line: that employer was out of line disclosing any medical info she received as an employer. In practicality, it's not a lawsuit - some violations are 'de minimus' - too small a violation, and little or no damages. No lawsuit.
No fine. Just very bad behavior on the part of an employer.
Depending on the facts, this could rise to a valid claim of violation of the ADA (Americans With Disabilities Act).
Again, there is enough basis in existing law to allow an employee to sue for unpermitted disclosure of medical info by employer, but not I don't see a lawsuit or fine, under the facts you state.

If the person's supervisor or Human Relations Manager were notified of the violation of your privacy by your supervisor, there may be voluntary internal repercussions - this is a growing area of concern.

 

[Ozark_Sophist]

Unless your employer is a "covered entity" (ie, they are a hospital, health-care provider etc.,) they are not bound by HIPAA regulations.

The ADAAA applies to OP. Employee medical information to be kept confidential, even to a point records must be maintained in a separate file.

 

[cbg]

But the ADAAA is not HIPAA. HIPAA does not apply except in the situation Pro referenced (or if the information came from the employer's self-insured group health plan). The poster asked specifically about HIPAA.

Now, I grant you, a more complete answer would have gone on to explain about the ADAAA and/or the state laws TX evidently has. But given EXACTLY what the poster asked and EXACTLY what Pro stated, her answer was not wrong, just incomplete.