Can my employer provided medical information from on-site staff to parties who are not designated to review work-related accidents?

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Can my employer provided medical information from on-site staff to parties who are not designated to review work-related accidents?

I work for a large manufacturer. They have a medical center on site with doctor(s), nurse(s) etc. to attend to medical needs of the employee’s. By company policy and injury or illness (work or possibly work related) needs to be addressed by the medical center staff. A report is issued for all visits. There is a team assembled to review all injuries (accident investigation) and review work related illnesses. The initial medical center report is also distributed to all supervisors, mangers and business leaders for awareness. The report indicates type of incident, accident or illness, the name of the injured / sick employee, initial findings and restrictions. Is it within their right to distribute this information to parties not directly responsible for the employee or who are designated to review the incident? Would that be a HIPPA violation?

Asked on October 25, 2010 under Personal Injury, Massachusetts

Answers:

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

Answered 13 years ago | Contributor

The issue here you seem to want to narrow this down to who must comply with the HIPAA or who is a "covered entity" under the law.  Generally a covered entity is a doctor, clinic, health plan, HMO, etc. and the rules indicating that the law would apply to them has to do with the transmission of the information amongst and between them and sometimes only transmission through electronic means.  Your description here doesindeed raise the hairs on the back of one's neck as to the dissemination of personal information through the ranks of the business.  I would speak with an attorney in your area that deals with this area of the law.  It may be more than just HIPAA.  Good luck.


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