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  1. #1
    Join Date
    Jul 2012
    Posts
    5

    Default What Are My HIPAA Rights

    So I hurt myself at work a few months ago and Friday went for an mri. When I returned to my light duty work on Monday I asked my head of HR if she got the results of my mri or if it was just my doctor (hoping maybe she knew something already). She explained they got a notice saying I went and that was all. Well on Tuesday (this morning) I had still not been to the doctor and my HR person (I'm guessing she didn't know this) said "So it's surgery huh". Which to be honest freaked me out because as I said I hadn't been to the doctor. I told her I didn't know but that I speculated it to be the case but said I hadn't been to the doctor yet. She stumbled for words a bit and said she did some research on webmd. later I was pulled into the conference room during a meeting disusing safety just to be ask a few questions about improving safety. In this meeting was the C.E.O, Head of H.R. a "safety coordinator from the insurance company (not my case manager) and a woman who's job title I do not know. After the questions the same thing was said this time by the C.E.O. "So It's surgery" which I replied the same way. "don't know haven't been to the doctor went" After finally seeing the doctor he told me I needed surgery and I decided to go to Chicago to have it done after the appointment the doctor asked me to wait while he called my employer. After a while he came back and told me he spoke with my employer and they where okay with my going to Chicago for my surgery. Now I've read online in many place that workers comp patients have no hippa rights whatsoever but I've also read that all information regarding diagnosis and treatment are to go from the doctor directly to my workers comp case manager. so as I can't find a straight answer I figured I'd post and ask Have my hippa rights been violated? Sorry for the long post.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Hippa Confusion

    For the most part... HIPAA does not apply to WC.http://www.hhs.gov/ocr/privacy/hipaa...rkerscomp.html
    Your HR people nor the CEO should have access to your medical records.
    You didn't say whether you work for a legally self insured ER, or there is a IC, or TPA handling your claim.
    IC or TPA would be the only entity entitled to medical records. NOT the immediate supervisor, HR or CEO.
    webmd is not a good source for info unless you are prone to self diagnosis... or for your HR people.

  3. #3
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Hippa Confusion

    I know they aren't self insured there is a separate company handling my case beyond that and the fact that my doctor has obviously been giving information straight to my employer they aren't getting records just verbal information from the doctor. I'm not sure about much else

  4. #4
    Join Date
    Oct 1971
    Posts
    5,198

    Default Re: Hippa Confusion

    Gillver
    I've read online in many place that workers comp patients have no hippa rights whatsoever but I've also read that all information regarding diagnosis and treatment are to go from the doctor directly to my workers comp case manager. so as I can't find a straight answer I figured I'd post and ask Have my hippa rights been violated?
    Hippa doesn't apply but The Americans with Disabilities Act (ADA) and Confidentiality of Medical Information does.

    Employers can not disclose medical information to co-workers about another co-worker=s disability.
    It is a violation of The Americans with Disabilities Act (ADA) and Confidentiality of Medical Information

    Employers may give information to state workers= compensation offices, state second injury funds, and workers= compensation insurance carriers in accordance with state workers= compensation laws.
    Absent from this list of exceptions is co-workers. This means employers can not disclose medical information to co-workers about another co-worker=s disability

    5. What safeguards must an employer take with an employee=s or applicant=s medical records?
    The Equal Employment Opportunity Commission requires employers to take steps to ensure that medical records and information collected about employees and applicants is kept confidential. The employer must maintain the medical records of all employees and applicants in a separate file from ordinary personnel records such as application, W-2 forms, and other basic information. Only a few people who file should have access to these medical records. The file cabinets with employees= medical information should be locked. Those who fall into the categories listed as exceptions to the confidentiality rule may have limited access to medical information. In this day and age of computers, faxes, e-mail etc., employers should also take steps to ensure confidentiality of protected medical records that are electronically maintained or transmitted. Access to electronic records should also be limited in the same fashion as paper records.

    Start reading from pg.10 from the below link
    What is a protected medical record under the ADA?
    http://www.acdl.com/New%20Logo%20Gui...New%20Logo.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    May 2011
    Location
    NOYB
    Posts
    181

    Default Re: Hippa Confusion

    Tony , Unfortunately, like any Federal laws , if Gillver's ER has less than 15 employees , anything goes ! . That goes for OSHA too , in lopez's post, although that agency requires over 10 .
    FORMER , WINDOWMAN

  6. #6
    Join Date
    Oct 1971
    Posts
    5,198

    Default Re: Hippa Confusion

    True see pg 6 in the above link

    The ADA applies to private employers with 15 or more employees.
    *Includes employment agencies and labor unions.
    *Includes a location or facility of a business with less than 15 employees whose total number of employees for the company in all locations and facilities combined equals 15 or more.

    Tony
    Last edited by tony; 07-10-2012 at 05:21 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Jul 2012
    Posts
    5

    Default Re: Hippa Confusion

    Quote Quoting Windowman View Post
    Tony , Unfortunately, like any Federal laws , if Gillver's ER has less than 15 employees , anything goes ! . That goes for OSHA too , in lopez's post, although that agency requires over 10 .
    It's a staffing agency with at least 100 employees across it's 5 branches in IL

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
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    Default Re: Hippa Confusion

    Quote Quoting Gillver View Post
    I know they aren't self insured there is a separate company handling my case beyond that and the fact that my doctor has obviously been giving information straight to my employer they aren't getting records just verbal information from the doctor. I'm not sure about much else
    Your ER and/or IC are entitled to the portion of the Dr report detailing your temp/permanent restrictions, and ability to work. That includes TTD or TPD status. At MMI, they are entitled to your permanent restrictions if any due to the injury. At that point, a determination of whether or not you can be offered a job must be made.
    However, if you are a employee assigned to various ER's... (and they are not technically you "employer"...) it's easy enough for the agency to simply stop assigning you to ER's for work.

    Only the IC/TPA handling the claim and administering benefits is entitled to full medical records, and that is for the purpose of determining medical necessity, and what bills to be paid.

  9. #9
    Join Date
    Oct 1971
    Posts
    5,198

    Default Re: Hippa Confusion

    Quote Quoting Gillver View Post
    It's a staffing agency with at least 100 employees across it's 5 branches in IL
    Laws vary from state to state concerning the definition of disability.
    For instance, in Arizona you don't have to be disabled as described under the rules of the ADA for the confidentiality of medical records rule to apply.
    You need to consult with an attorney who specializes in discrimination law in your state.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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