What constitutes grounds for a HIPPA violation?

My employer recently asked me to have my doctor fax a list of my medications and say it was ok for me to work while taking them. I am a truck driver and carry a current DOT medical card that has no restrictions. The doctor who performed my physical for the DOT is also the same doctor who has prescribed my medication. I feel my employer has violated HIPPA laws and my privacy.

Asked on July 17, 2012 under Employment Labor Law, North Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to understand how HIPAA works here. The HIPAA privacy rule went into effect on April 14, 2003 for "covered entities", and even though employers are generally not covered entities, they are definitely affected by the rules applying to entities that are covered. The 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.  Please speak with some one in your area.  I do not think that this constituted a violation but more information is needed.  Good luck.

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