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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33555
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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It is against hippa law or a violation in the privacy rule

Customer Question

it is against hippa law or a violation in the privacy rule of portability and accoutability to ask our town council for a list of all employees name only and if they are covered on the township insurace the start date and how much they pay? I am not asking for ANY personaly information other than their name to verify insurace
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. It's not against HIPAA for you to ask the questions but it would be against HIPAA for the city to even acknowledge that an employee has insurance or anything about them. HIPAA is also interpreted extremely broadly and the employer is almost never going to get into any kind of trouble by reusing to provide information whereas almost any information that is divulged could cause them issues.
Customer: replied 1 year ago.
ok so you are telling me in laymens terms that it isn't my right as a tax payer to know the names of the employees who work for our twp and get benefits and the amount those benefits are? what the the name of the violation ?
Customer: replied 1 year ago.
i was told by my clerk that the decision for denial was that is was in pursant to the privacy rule of heath insurace portability and accountibility of 1996 45 cr 160.103 and N.J.S.A 47:1a9
Expert:  Dwayne B. replied 1 year ago.
That's correct. You can find out the totals of what the town paid, just nothing that would identify it as to any specific employee. I'm not sure what you mean by the "name of the violation" other than it's a violation of HIPAA. If you can explain further I may be able to be more specific.
Customer: replied 1 year ago.
i just know the she had mentioned some statues from 1996 but in nj where we are a judge lifted the ban here. setting a precedent, i am not trying to get any information other than names and if they are getting benefits and how much those are that is it
Expert:  Dwayne B. replied 1 year ago.
HIPAA was enacted in 1996 but a NJ judge couldn't do anything about it since it is a federal statute. What you can do is file an Open Records Request seeking the information then when the town denies it you file a complaint with your state's Attorney General. They will then investigate and issue their "ruling" on whether or not the town has to provide it.