Legal Question in Disability Law in New York
denied benefits/violating HIPAA
I am a RN at a large NY hospital. I was out of work for 3 mons for a back injury related to a car accident. My dr. limited me to 8 hr. shifts. (I use to work 10 hr shifts part-time with overtime and call pay). Upon returning to work, my supervisor has denied me the call and overtime benefits of the job because she said my dr, limited me to 8 hr shifts(the call and overtime pay made up half my salary). I work partime, so now I do 3 days one week, 2 days the next week instead of 2 10 hr days a week. Can my supervisor do this? Also, the day before I returned to work my limitation of 8 hr shifts were discussed between numerous people without my knowledge and the idea to cut out my benefits and overtime were brought up by another staff member. Did my supervisor violate HIPAA by discussing my medical condition with other staff members? Another incident is the second in charge supervisor went to my dr.'s office as a patient and proceeded to proibe him about why he had me out on a leave of absence. She said ''Dr. S. , you have a lot of porple out on a leave. You have Ms J. and Ms T. Ms J. we can understand because she is almost ready to retire, but Ms. T.?'' Did she violate HIPAA regulations by trying to find out information about me? AT.
1 Answer from Attorneys
Re: denied benefits/violating HIPAA
Much of this depends on what waivers you signed.
Generally when you are requesting medical leave itt
places your medical condition in issue and your supervisors need to be able to discuss it. However, not with other staff members, just amongst themselves, in confidence.
Your Doctor should not answer questions without an authorization from you.
Regarding the hours you work, it depends upon whether you are union or not, and what your medical leave provides for. Was it FMLA leave?
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