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View Full Version : IS IT A HIIPA VIOLATION IF SUPV CALLS MD OFFICE AND OBTAINS MEDICAL INFO? South Carolina


CURIOUS CAT
07-31-2006, 11:23 PM
The floor mang. and I have never gotten along, and she and lets everyone know often. I have caught her in so many lies, and was very suprised when I found out that her boss told her to call my doctors office to get medical information on me and a new diagnosis. The nurse at the doctors office quickly picked up the fact of how bad she is trying to get rid of me by the way this mang. was trying to tell the office nurse what to say and write, and then getting her to send the statement directly to her, (the mang) without my knowledge. My doctor got very upset with this mang., and ordered the phone conversation to sease when he was asked to make a statement. Uhm, 1st off all, wasn't this a HIIPA violation? 2nd wouldn't this be information obtained for wrong reason's? And now she is constanly using the information she did get, will twist it her way, and write me up on performance issues. Oh yea, once she talked to the doctors office she e-mailed me she called them and cc several people as well. I thought this was a very bold act, but is this a violation, and if it is who or where do I go with it? Anybody, please, your help would be appreicated! P.S. would it be called whisle blowing if I did do something? Could I be fired for speaking up?

Marketeer
08-01-2006, 04:02 AM
It's not a HIPAA violation for the employer to try to call and ask for information. If the doctor released protected information, that could be a violation. You didn't say whether this is, for example, a workers comp situation. HIPAA has significant exceptions for medical information related to WC claims.

cbg
08-01-2006, 05:21 AM
With very rare exceptions, your employer is not subject to HIPAA laws. So it is not a HIPAA violation for her to ask for information; it would be if your doctor, who IS subject to HIPAA, provided it.

CURIOUS CAT
08-01-2006, 10:18 AM
No, this isn't workman's comp. It's now a chronic illness that takes medication adjustments, etc.

cbg
08-01-2006, 10:24 AM
Even so, since your employer is not subject to HIPAA, it is not a HIPAA violation for them to ask for the information. Again, IF your doctor provides the information, then your doctor may well have violated HIPAA, but your employer has not. They cannot violate a law they are not subject to.

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