Is disussing another empoyee’s medical condition a violation of HIIPA?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is disussing another empoyee’s medical condition a violation of HIIPA?

As a delivery driver I had to take some time off work under the FMLA for bipolar disorder. The medication I was on left me dizzy and fatigued; it was unsafe to drive. HR asked for my doctor for information on my illness to grant my FMLA which was provided. Now that I’m back to work I have customers asking me how my “vertigo” or my “dizziness” is doing now. Seems strange to me that another driver that took my place would know such information as well as pass it on to inquiring customers.

Asked on April 11, 2012 under Employment Labor Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no HIPPA violation by your doctor's provision of your medical information to your employer to grant your request under the FMLA. Such information was necessary to be provided by your doctor. As such, your doctor did not violate any provision under HIPPA by providing such information to your employer.

You cannot sue your employer for a HIPPA violation. However, for your employer's human resources department to mention your medical condition to others without your consent seemingly was an invation of your right to privacy as to your medical condition.


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