Legal Question in Civil Rights Law in Florida
Hipaa laws
The other day, my supervisor at work called my doctors office looking for me. Without asking who she was, they looked up my info and told her when i was last there. When they talked to her for a few minutes, they then asked who she was and told her they were not supposed to give her that information. According to the hipaa laws, they cannot give that information, correct? And what actions can be taken?
1 Answer from Attorneys
Re: Hipaa laws
Your employer possibly violated HIPPA, the FMLA and the ADA which all guarantee medical confidentiality. The doctor's office possibly violated HIPPA. Even if they did, though, there do not seem to be any real damagees as no confidential medical information was disclosed - just your whereabouts. (Which allows them both to argue that there was no actual violation). So, rather than go on the warpath, you might diplomatically inform both the employer, perhaps through HR or a trusted manager, and the doctor's office manager, that there are several laws which protect confidentiality ( the three above), and you would appreciate if they would take steps to avoid this happening again. If that does not fix the problem, you could sue if you want, but it would be costly, would likely ruin your relationship with your employer, and probably would not result in much of a recovery if any at all.
Good luck.
Jeff Sheldon
The Sheldon Law Firm
Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.
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