Can you sue your employer over a HIPPA violation?

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Can you sue your employer over a HIPPA violation?

I got approved for a ADA accommodation thru my

employer and the conversation notes of my

accomodation request got added to a state wide

email

Asked on June 25, 2019 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that HIPPA only apply to health insurers, HMO's, Medicare, Medicaid and long-term care insurers. It also applies to all health care providers who transmit patient health information in electronic form and companies which process/translate medical information into an electronic format. Accordingly, unless this is the type of employer that you work for, its conduct in disclosing your medical information did not violate HIPPA. Accordingly, unless this disclosure violated the terms of an employment contract or union agreement, you have no claim here. While unprofessional, no law was broken.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that HIPPA only apply to health insurers, HMO's, Medicare, Medicaid and long-term care insurers. It also applies to all health care providers who transmit patient health information in electronic form and companies which process/translate medical information into an electronic format. Accordingly, unless this is the type of employer that you work for, its conduct in disclosing your medical information did not violate HIPPA. Accordingly, unless this disclosure violated the terms of an employment contract or union agreement, you have no claim here. While unprofessional, no law was broken. 


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