More details to this question:
I am inquiring about a possible HIPAA violation. I recently broke my ankle. Not a worker's comp case. My physician gave me a letter to present to my employer stating light duty, no weight lifting, etc. Without my authorization or consent my employer contacted my physician, sent them my job description and managed to get a revised note stating a revised work restriction. This has clearly effected my credibility. Is this a HIPPA violation of my rights? If so, what can be done? I look forward to your response.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The key is the employer – employee relationship. You had asked Dr. to provide a note to the employer setting forth your physical condition and restrictions to work based upon those physical conditions. You opened the door with regard to your physical condition. You had a doctor specifically explain that you had a physical condition for example a broken arm, which would prevent you from lifting heavy objects. Employer has the right to ask the doctor if the condition for example the broken arm, is such that you can only lift a 20 pound box. There are no HIPPA violations because of the employer – employee relationship and the opening of the door by you, the employee, to your medical conditions.
Answered on Jan 06th, 2015 at 8:13 PM