QUESTION
Short term disability, hipaa violation and unemployment help?
Asked on Dec 04th, 2012 on Employment Contracts - New York
More details to this question:
I was in a car accident November 3, 2011 while I was pregnant. I broke my wrist and was pulled from work. When I was finally cleared from my broken wrist, my doctor pulled me because of pregnancy. I did all the paperwork required for my std and never received it. They kept making up reasons on why to delay it. While talking to a fellow employee I found out our manager was releasing my medical status to her and someone else. Hipaa violation so trying to figure out the next step for all of this. I just started receiving unemployment today. But can they go back and pay me the STD that is owed to me? I payed into it I am owed it. What should my next step be? I have not returned to work at all not even part time. I have been out of work for more then a year now. I was "let go" from work they deemed it as job abandonment which it was not. As I provided appropriate documentation from my medical provider to my employer.
1 ANSWER
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I address your issues separately:
1. HIPAA. There is no HIPAA violation here. HIPAA doesn't apply to employers; it applies to health plans, health care providers and so-called "clearinghouses." If you disclose your medical circumstances to an employer, your employer is generally under no duty to retain that information in confidence.
2. STD. The terms of the plan determine whether you are entitled to this benefit. You should obtain a copy of the plan from your employer. If they refuse to pay in accordance with the terms of the plan, you may have a right to sue the trustees of the plan to compel payment. An attorney's services may be required in order to do that. Review the plan yourself first.
3. Unemployment. It is not clear what you want that you do not already have. You are in pay status. If you applied earlier and were denied based on "job abandonment," then you have a right to appeal. This is not clear from your posited facts.
Answered on Dec 04th, 2012 at 11:53 AM