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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112676
Experience:  20+ Years of Employment Law Experience
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An employee is claiming a HIPPA violation in the workplace

Resolved Question:

An employee is claiming a HIPPA violation in the workplace due to claiming that her health information was released by her supervisor. What are the ramifications of this type of violation?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 years ago.
HIPAA applies to healthcare insurers and healthcare providers, not typically to employers. The employer may share health information of an employee with those in the company that have a reasonable business interest in knowing the information. This is something most employees and even some employers fail to understand and they think that all disclosure of health information violates HIPAA, it simply does not as the employer is not generally a covered entity under HIPAA.

An employer has a duty to keep employee health information confidential and not for general release, but the employer may still disclose that information for legitimate business reasons to those in the organization with a legitimate need to know and in most cases a supervisor can indeed have a legitimate business reason to need to know the information.


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Customer: replied 4 years ago.
So, if a supervisor tells other members of management for business reasons, that is alright? Is there any type of tort claim that can be made? Would she have to prove in court that harm was done or that she has been damaged by any actions taken by her supervisor?
Expert:  Law Educator, Esq. replied 4 years ago.
That is fine as long as the manager can establish a legitimate business reason for disclosing the information. She would have to prove only that there was no reasonable business reason to disclose the information to have a claim for invasion of privacy.
Law Educator, Esq. and 6 other Employment Law Specialists are ready to help you