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Releasing Medical Information (to everyone) Federal Florida

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  • Releasing Medical Information (to everyone) Federal Florida

    Good Evening (or afternoon/morning),

    I work for a very large company (rather not say what it's easily guessed), and I work in a extremely small 'extension' of this company, with other similiar companies around us. Which makes gossip quite prevalent.

    I had a medical condition, some would say a 'delicate condition' that was unplanned to say the least. Age and monetary factors were issues, as well as health related issues.

    And...I receive a transfer to another office which I was initially hoping was a nightmare due to this condition.

    My two direct supervisors were quite pushy in attempting to get me to leave this office. One even went so far as to lie regarding 'her' supervisor wanting me to leave (subsequent conversations with this higher supervisor confirmed my suspicions...the statements were not true).

    In the midst of this, I was being forced out. Knowing my condition would not allow this, I had to confide in one supervisor to explain my reasoning for turning down the position. She continued to try to force me out, then realized, she could do nothing if I had gone to our human resources. (I assume, but she had stopped the harrassement for the day).

    Upon arriving back after my regular days off, I found that this supervisor told the other supervisor, and the entire area (we're talking about 300 people total with several companies) knew my condition, my business, and were either trying to force their opinions on me, or trying to help me (which I know was nice, but I did not want anyone to know)

    Upon confronting (that's not a strong enough word) the supervisors, I was told that the area and employees 'guessed.' Umm...lets just say, that was simply impossible without a bonifide medical examination.

    Do I have a case to sue these supervisors for harrassment, breaking the HIPPA Law, and for the anguish they caused? I've tried to get through to my HR department, but the higher supervisor stated that there was 'nothing' they could do about it. I disagree, even if these supervisors are given disciplinary action.

    It gets worse, but I will spare the details, except to say, these two supervisors are threatening, crass, rude, and extremely intimidating.

    Thanks in advance for the advice. This is just bothering me everyday, and I'd like to know if I can do something to prevent this from happening to another employee. It was "heck" to say the least.

    (The stress of this was too much for the condition, I'm sure you all know what I mean).

  • #2
    Unless your employer is themselves a doctor's office, medical billing office, hospital or medical center, or something of the kind, they are only subject to HIPAA (not HIPPA) if the group health insurance is self insured AND they discovered your medical condition through information providedc to the group health insurance. Is that the case?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      No, it is not a medical facility in any way.

      They had no access to medical records.

      All they did was simply tell everyone this medical condition, without my permission, without access to any pertinent medical information or proof.



      • #4
        That is a violation of etiquette. It is not a violation of HIPAA.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          Which doesn't apply to them for the obvious reasons (they are not ethical people).

          Thank you for your help. It's disappointing due to all the undue stress they caused.

          Have a wonderful day!


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