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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Hello, I work at a large HMO , and just started a new position.

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Hello, I work at a large HMO , and just started a new position. Prior to my start date my new boss held a department meeting at which he informed all my future co- workers , that he had some concerns about me . ( I had been out for Medical leave for 18 months) He informed everyone present that I had been on leave for stress.( not true at all !) This I feel is a breech of confidentallity. According to HEPA laws, he has no right
to discuss my health problems with anyone. Now everyone is talking about me. Please tell me if I have any rights . Thank you , Adriana
Thank you for the post, I am happy to assist you by answering your questions. Are you referring to HIPPA laws?
Customer: replied 4 years ago.


Yes.

Thank you Adriana, while HIPAA is not applicable to an employer an employer is not a covered entity under HIPAA. A HIPAA covered entity is any organization or corporation that directly handles Personal Health Information (PHI) or Personal Health Records (PHR). Because your employer does not directly handle PHI it is not a covered entity. Therefore, what you allege is a breach of privacy, but not under HIPAA. You have the right to file a complaint with human resources, and if you suffered any tangible harm a private cause of action for damages (i.e. a lawsuit). Please let me know if you have any follow up questions.
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