CanI sue my employer for giving out health information about me to a client?

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CanI sue my employer for giving out health information about me to a client?

My employer told a client that I was getting test done for a stomach issue and would be taking time off of work. Which was not the reason i was taking time off, but still she broke the HIPPA laws by giving out my personal medical information to a client.

Asked on August 12, 2010 under Employment Labor Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

The general answer here is "no."  HIPAA and the rules surrounding it apply to health care providers and their affiliates (hospitals, etc.)  These are known as "covered entities" under the law.  An employer can be a "covered entity" if they are self insured and administer a plan thereby having access to medical records. But most employers will delegate the duty of administering to a plan even if they are self insured to avoid such problems. What you may be covered under are your state right to privacy laws rather than HIPAA laws.  Seek counsel in your area about your right to privacy and the resulting damages that occurred. Good luck.


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