My employer contacted my doctor re: my personal medical information. What can I do?
It wasn’t extremely sensitive information accessed, but he still called the doctor’s office and got information pertaining to my insurance and medical tests even though I told him not to. Is this covered by HIPPA? Is there any recourse?
I’m in the US. While my place of employment does provide health insurance, my employer is a friend of the doctor and used that relationship to get the information. It had nothing to with an injury pertaining to work or tests needed for the job, he just felt like showing his superiority. The call was placed right in front of me, as I protested.
Are you in the United States? Does your employer provide your medical insurance? If so, they have a limited right to information. You can be sure the doctor’s office would not release anything that violated HIPAA laws.
See #8 here: http://www.privacyrights.org/fs/fs8b-MedFAQ.htm
You would have to check your state’s statutes for any other circumstances that may apply. For instance, in my state:
"Your health care provider or HMO may also, in their discretion, release medical information about you without your written authorization to the following entities in the following limited circumstances:
Your employer who has paid for employment-related health care services in connection with a lawsuit or arbitration dispute where you have placed your medical condition in issue, provided that information is disclosed only in connection to the proceeding, or when used to determine your entitlement to leave from work for medical reasons or physical limitations that prevent you from performing your job
The sponsor, insurer, or administrator of your group or individual health plan for the purpose of evaluating the application for coverage of benefits."
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Based on your side of the story, you have a right to file a complaint. Fill in the form here, print it out and mail it to the address indicated about halfway down (your regional OCR office): http://www.hhs.gov/ocr/privacy/hipaa/complaints/hipcomplaintpackage.pdf
The complaint will be investigated and if either the doctor or your employer are found to be in violation as a result of that investigation, both will face hefty fines.
You do not have the right to bring suit under HIPAA, but if your complaint is found to be valid, you may have cause to bring civil action for invasion of privacy if your state law allows it.
http://www.privacyrights.org/fs/fs8a-hipaa.htm#11
If the insurance is paid through the company, and it paid for the tests, the employer has the right to that information.
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Your doctor is barred from disclosing your medical information without a written consent from you. Call your doctor and ask specifically what information he disclosed to your employer.
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If it were under HIIPA guidelines your employer would have never received the information. Have your doctor explain it to you, they are the one who are liable here.
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Are you in the United States? Does your employer provide your medical insurance? If so, they have a limited right to information. You can be sure the doctor’s office would not release anything that violated HIPAA laws.
See #8 here: http://www.privacyrights.org/fs/fs8b-MedFAQ.htm
You would have to check your state’s statutes for any other circumstances that may apply. For instance, in my state:
"Your health care provider or HMO may also, in their discretion, release medical information about you without your written authorization to the following entities in the following limited circumstances:
Your employer who has paid for employment-related health care services in connection with a lawsuit or arbitration dispute where you have placed your medical condition in issue, provided that information is disclosed only in connection to the proceeding, or when used to determine your entitlement to leave from work for medical reasons or physical limitations that prevent you from performing your job
The sponsor, insurer, or administrator of your group or individual health plan for the purpose of evaluating the application for coverage of benefits."
—————-
Based on your side of the story, you have a right to file a complaint. Fill in the form here, print it out and mail it to the address indicated about halfway down (your regional OCR office): http://www.hhs.gov/ocr/privacy/hipaa/complaints/hipcomplaintpackage.pdf
The complaint will be investigated and if either the doctor or your employer are found to be in violation as a result of that investigation, both will face hefty fines.
You do not have the right to bring suit under HIPAA, but if your complaint is found to be valid, you may have cause to bring civil action for invasion of privacy if your state law allows it.
http://www.privacyrights.org/fs/fs8a-hipaa.htm#11
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Call a lawyer. The doctor can’t release information without express permission from you. They are allowed to give to insurance company for the purpose of payment but that is it. As long as you didn’t sign a paper saying you give permission for your employer to get the information then yes you have recourse. You maybe able to file suit against the doctor for the release of information and maybe suit againt your work depending on the reason your employer ask for the information and the result of him getting the information( like you got fired or demmoted,something like that)
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