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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
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ok I am from the state of Maryland and was told today that

Customer Question

ok I am from the state of Maryland and was told today that Comar 13 A is a regulation that schools must follow. Which employees must go to independent health care physicans when their school wants them to however, the doctors whats the employee to sign over their complete rights over under HIPPA. And if the person happens to be one who has a disability they should be protected under the ADA.

Now I know a friend who is should also be protected under other acts like the Whistle blowers act but she is not having any luck in finding any help with this and she has an attorney but he is not really helping her. So today she attempted to invoke her rights and was told by the administration that if she didn't wave her rights she was taken of paid long term leave and was non on leave without pay and told some bs they keep changing the story on her. She told them they would have to get a court order or a subpeona. First she did this then she did that. Its really because she blew the whistle on them and they have been giving her a hard time since the Office of Civil Rights came in and busted them big time. They are trying to say she is mentally unstable, but it's easy for them to shift the blame but it still doesn't take the responsibility off of them.

Are these people stupid? Don't they know that Gov't agencies are stil watching them. Hello what college did you go to? Dah! Dumb people. So is it true that this is a law in MD? Does she have to wave her medical rights or is she protected under the ADA or under the Whistleblowers Act or under HIPPA? Can you help my friend? She can get such a better job than this school, its really the pitts and the principal well we know what she will be remembered for. Wait til the Metro section of the Washington Post comes out soon!!!!
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Hi

 

COMAR 13A deals with Home Instruction. Can you verify the Provision for me?

Customer: replied 3 years ago.
o.k. The provision is my friend was called out of her class and given a letter by the pricipal and her supervisor and told "dear we are worried about your mental health" In the meantime these woman have been bullying tormneting retaliating this woman for almost 3 years now. So my friend has always looked out for the children, one of the woman several years ago got into a lot of trouble because she didn't do her job and my friend reported it and her boss got busted for it. Anyway have you heard the saying revenge is best served cold. WEll that's part of it. But my friend also spoke up and reported violations so these two old crones have been retaliating against my friend who makes those two look like well lets be nice now so she invoked her rights not to disclose her medicals records. Is there any state law in the state of Maryland that makes my friend have to disclose all of her medical records to her employers. and if ther is what is it and why???
Customer: replied 3 years ago.

you didn't answer my question so why would I give you credit?

Expert:  Sam replied 3 years ago.

Hi

 

I have not sent an answer for credit, yet. You referenced 13A of COMAR and that is not accurate. In order to answer, I will need the correct COMAR cite to review.

 

However, if you choose, I will opt out and allow another expert to assist you

 

 

 

Customer: replied 3 years ago.
No Sam, all I need to know really is if the state of Maryland has a law set up that mandates that all school employees are safe to work with Children ( background checks) they want my friend to go to a psychatrist and wave all of her medical rights. Isn't that against her civil rights, HIPPA laws and if anyone has a disability the isn't that against their civil rights under the ADA. Do you know of any law in the state of Maryland mandating such a thing for a school employee or is this just BS? I know she went and had a background check but to go and have a psych eval I think they are on a witch hunt to fire my friend because they believe she went to the Office of Civil Rights and informed them of numerous violations which this school system was found guilty of so now they are trying to find anything to fire her. NOw lets say she did do this which she did but if she did isn't there also a Whistleblowers law that she would also be protected under. So how does she get help at least two out of the three without her losing her job?
Expert:  Sam replied 3 years ago.

Hi

 

I am going to opt out and allow another expert to assist you with this matter.

 

 

Customer: replied 3 years ago.
why?
Customer: replied 3 years ago.
Ok Sam if you can't answer and help me and my friend out then sure please find a lawyer who is able to answer about Civil Rights Issues and help my friend so they do keep abusing her at work and trying to take advantage of her. Thank you for you time have a nice evening.

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Tina
Tina
Lawyer
8603 Satisfied Customers
JD, BBA Over 25 years legal and business experience.