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i'm sorry to hear about your situation. Unfortunately, HIPAA does not apply to employers, but only "covered entities", so unless your employer is in the healthcare business, the disclosure of your medical records without your consent would not be a violation of HIPAA because your employer would not be bound by HIPAA. Normally, an employer will only deal with covered entities, not actually be one. However, if an employer has any kind of health clinic operations available to employees, or provides a self-insured health plan for employees, or acts as the intermediary between its employees and health care providers, it will find itself handling the kind of PHI that is protected by the HIPAA privacy rule.
The HIPAA privacy rule applies to health plans, health care clearinghouses, and health care providers. It applies to employers only to the extent that they somehow operate in one or more of those capacities. The same standards apply to covered entities in both the public and private sectors.
But they don't apply to employers.
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
My employer offers the employee's the benefit of bringing an Medicine Doctor to the Plant premises, based on a contract between the Medical Clinic and the Employer. The Doctor provides services to all employees who request it. I understand that the medical records are protected in cabinets with keys and only the Nurse (Employer's employee) or the Medical Doctor (contracted professional) has access to the employees' medical records. I understand that it was the Human Resource Manager who ordered to release my medical file, without the Doctor's permission. Does that makes any difference?
Thanks for your feed-back.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
Another doubt, regarding the prior topic:
The company is intermediary between the employees and the medical provider: pays the Doctor, and coordinates the medical appointments with the employees and the Nurse assist the Doctor if necessary. Being the Nurse a company employee, does it means that they may look my medical file at any time and probably take actions based on what they see (ex. fire the employee because it has a serious health condition which will increase the medical plan fees)?
I am concerned because they did not know if I had authorize my attorney or who was my attorney. It means that any attorney may contract my company and ask for my medical file without any consequences?
What is HHS?