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Thread: Hipaa

  1. #1
    Join Date
    Apr 2020
    Posts
    1

    Default Hipaa

    My workers compensation claim was made in the State of California. I worked in a large hospital in Fresno.
    My attorneys have repeatedly sent my paperwork, including my private health information, to the wrong department of the hospital. Everything should have gone to Employee Health; but first my info was going to Behavioral Health. That stopped when I told them they were sending my stuff to Psych. Now, it's going to Interventional Radiology.
    I worked there for 20 years before I got hurt and was an RN in the Float Team ...so I knew everybody.
    I know that it isn't a HIPAA violation to send information to my employer but is it one to send it to the wrong department?

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,787

    Default Re: Hipaa

    HIPAA does not apply in workers' comp. But I don't understand why your attorneys would be sending your meds to anyone at the hospital except the workers' comp dept. Something is missing here from the explanation.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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