Boss presses for details when time off is needed for surgery

[MPowering1]

Originally Posted by mitsguy2001

Then can you please explain to me how these HIPAA laws are enforced?

With the way they wrote HIPAA, they do not include any action that can be taken by common citizens - they said only the government can use it to their benefit in lawsuits. But there have been some cases where lawsuits were won and the argument was a violation of HIPAA, so those will probably set a precedent for future cases.

Most attorneys / citizens are using the HIPAA violations to prove a violation of privacy, and they are suing under those grounds. (versus suing due to a violation of HIPAA)

Walgreens had to pay a customer over a million dollars a couple of years ago and the plaintiff's attorney used a violation of HIPAA as the argument. The pharmacist looked up the records of her husbands former girlfriend when she learned he had an STD, and discovering she had the same STD, she told her husband, who texted the former girlfriend. Walgreens argued it was outside of her job duties, so they shouldn't be held responsible for what she did on the clock, but they lost.

So they wrote it in a way so citizens should be protected, but would have no recourse if they weren't, and someone found a way around that.

[Nlambert]

It is not a HIPAA violation to require a doctor's note when you take sick leave. It IS a HIPAA violation to ask specifics. There's a line in the sand that can't be crossed, and asking for a doctor's note is within the company's rights if their policy states such. Plain and simple.

[IonRedline08]

Originally Posted by Nlambert

It IS a HIPAA violation to ask specifics. There's a line in the sand that can't be crossed, and asking for a doctor's note is within the company's rights if their policy states such. Plain and simple.

It is?

According to the Health and Human Services Department of the US Government, no it is not.

Employers and Health Information in the Workplace

Directly from the site

"The Privacy Rule does not prevent your supervisor, human resources worker or others from asking you for a doctor’s note or other information about your health if your employer needs the information to administer sick leave, workers’ compensation, wellness programs, or health insurance. "

It goes on to state that it only bars the Medical Facility from sharing the info with the employer without the employees permission. Also mentions that, "Generally, the Privacy Rule applies to disclosures made by your health care provider, not to the questions of your employer."

[rodentraiser]

Originally Posted by MaryleeII

Who would really think you'd have outpatient surgery and come back the same day?

Both when I had my tubes tied and when I had my wisdom teeth removed, my manager wanted to know how late I would be coming in to work.

I needa borrow that face slap.