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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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hippa violation

Customer Question

after faxing in an off work orderDMI (document of medical imparement) to my work it was read by the charge nurse andthe information in it was an instat topic for gossip. I did complain to administration but they refused to handle it on there end. Can you help me? Sharon(NNN) NNN-NNNNnbsp; sharoner2@aol.com
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

Who/what department did you fax this information to?

Doug
Customer: replied 2 years ago.
Collin Goodrum at Arrowhead Regional Medical Center as this was the person I was told to notify by HR
Expert:  LawTalk replied 2 years ago.
Did Collin work in HR? Who was Collin to you?

Doug
Customer: replied 2 years ago.
hospital privacy and security officer
Expert:  LawTalk replied 2 years ago.
Good morning,

Thanks for the additional information.

Here is the problem with trying to get the hospital to do anything. Under HIPAA,the Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.

As the purpose of you transmitting the document was to excuse an absence, as opposed to be placed in your treatment chart, the employer is not bound by the HIPAA regulations.

HOWEVER, that does NOT mean that your rights have not been violated---they have.

You may sue the person who proceeded to share your personal medical information with the staff for Invasion of Privacy. You appear to have a meritorious claim.

Small claims court would likely be the most effective court of choice, and after you win, you can seek an order from the court attaching the wages of the idiot who violated your privacy rights, so that you can collect the damages you will be awarded.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

 


LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 2 years ago.
In response to your copying issue, try this.

Bring up what you want printed, press "ctrl" and the letter "p" at the same time. This will bring up your printing menu---and print from there.

Doug

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LawTalk
LawTalk
California Employment Lawyer
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I have 30 years of experience in the practice of law, including employment law and discrimination law.