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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption