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    HIPPA

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    • J
      Jason Banned @BRRABill
      last edited by

      @BRRABill said in HIPPA:

      @scottalanmiller said

      that it came from a medical centre would be PHI so the release is certainly a HIPAA violation. It's also misuse of access and a violation of privacy.

      Right. The employer isn't a covered entity, but it's likely whoever conducted the test is.

      Similar to this...
      http://www.hhs.gov/hipaa/for-professionals/faq/499/am-i-a-covered-entity-under-hipaa/index.html

      Our employeer does the drug test themselves. We have our own nurses, safety, doctors etc.

      BRRABillB A 2 Replies Last reply Reply Quote 0
      • BRRABillB
        BRRABill @Jason
        last edited by

        @Jason

        Are you sure they got it from the test and not elsewhere?

        J 1 Reply Last reply Reply Quote 0
        • A
          Alex Sage @Jason
          last edited by

          @Jason reporting your own employer might not end well for you....

          J 1 Reply Last reply Reply Quote 0
          • J
            Jason Banned @BRRABill
            last edited by

            @BRRABill said in HIPPA:

            @Jason

            Are you sure they got it from the test and not elsewhere?

            Yes, she even told me that's where she got it.

            BRRABillB wirestyle22W 2 Replies Last reply Reply Quote 0
            • BRRABillB
              BRRABill @Jason
              last edited by

              @Jason said

              Yes, she even told me that's where she got it.

              Uh...

              1 Reply Last reply Reply Quote 0
              • J
                Jason Banned @Alex Sage
                last edited by

                @aaronstuder said in HIPPA:

                @Jason reporting your own employer might not end well for you....

                Law is the law. They bringing a lawsuit upon themsevles if they fire me for reporting them...

                scottalanmillerS 1 Reply Last reply Reply Quote 2
                • scottalanmillerS
                  scottalanmiller @Jason
                  last edited by

                  @Jason said in HIPPA:

                  @aaronstuder said in HIPPA:

                  @Jason reporting your own employer might not end well for you....

                  Law is the law. They bringing a lawsuit upon themsevles if they fire me for reporting them...

                  Yup, a lawsuit that should be handled directly by the state. They can't fire you to attempt to sway a lawsuit.
                  ...........
                  “Health information means any information, whether oral or recorded in any form or medium, that–

                  (A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and

                  Notice that employer is specifically covered.

                  BRRABillB 2 Replies Last reply Reply Quote 0
                  • BRRABillB
                    BRRABill @scottalanmiller
                    last edited by

                    @scottalanmiller

                    Where did you get that snippet from?

                    To my knowledge employers are not covered under the HIPAA rule. In the same way a manufacturer you give medical info to is not.

                    Not applicable here, because a different circumstance, but by definition employers are not covered under the rule to my knowledge.

                    scottalanmillerS DashrenderD 2 Replies Last reply Reply Quote 0
                    • BRRABillB
                      BRRABill @scottalanmiller
                      last edited by

                      @scottalanmiller

                      The Privacy Rule does not protect your employment records, even if the information in those records is health-related. In most cases, the Privacy Rule does not apply to the actions of an employer.

                      If you work for a health plan or a covered health care provider:

                      The Privacy Rule does not apply to your employment records.
                      The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.

                      J scottalanmillerS 2 Replies Last reply Reply Quote 0
                      • J
                        Jason Banned @BRRABill
                        last edited by

                        @BRRABill said in HIPPA:

                        @scottalanmiller

                        The Privacy Rule does not protect your employment records,

                        So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.

                        BRRABillB 2 Replies Last reply Reply Quote 0
                        • BRRABillB
                          BRRABill @Jason
                          last edited by

                          @Jason said

                          So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.

                          They should never have any of your health information. They cannot get it without your consent, unless you give it to them.

                          Here's the whole page I took that snippet from. (It's short.)

                          http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

                          J 1 Reply Last reply Reply Quote 0
                          • BRRABillB
                            BRRABill @Jason
                            last edited by

                            @Jason said

                            So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.

                            If they have that information because you are a patient, than no, they cannot do that.

                            1 Reply Last reply Reply Quote 0
                            • J
                              Jason Banned @BRRABill
                              last edited by

                              @BRRABill said in HIPPA:

                              @Jason said

                              So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.

                              They should never have any of your health information. They cannot get it without your consent, unless you give it to them.

                              Here's the whole page I took that snippet from. (It's short.)

                              http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

                              Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.

                              coliverC DashrenderD 2 Replies Last reply Reply Quote 0
                              • scottalanmillerS
                                scottalanmiller @BRRABill
                                last edited by

                                @BRRABill said in HIPPA:

                                The Privacy Rule does not apply to your employment records.
                                The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.

                                but we are talking about his health record here and the employer is the provider. So while the first bit is true (that's covered by other laws) the second part still applies.

                                BRRABillB 1 Reply Last reply Reply Quote 0
                                • BRRABillB
                                  BRRABill @scottalanmiller
                                  last edited by

                                  @scottalanmiller said

                                  but we are talking about his health record here and the employer is the provider. So while the first bit is true (that's covered by other laws) the second part still applies.

                                  Correct. But in any other instance where you are not a patient of the covered entity itself, it does not apply.

                                  1 Reply Last reply Reply Quote 0
                                  • scottalanmillerS
                                    scottalanmiller @BRRABill
                                    last edited by

                                    @BRRABill said in HIPPA:

                                    @scottalanmiller

                                    Where did you get that snippet from?

                                    To my knowledge employers are not covered under the HIPAA rule. In the same way a manufacturer you give medical info to is not.

                                    From the link provided earlier.

                                    1 Reply Last reply Reply Quote 0
                                    • coliverC
                                      coliver @Jason
                                      last edited by

                                      @Jason said in HIPPA:

                                      @BRRABill said in HIPPA:

                                      @Jason said

                                      So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.

                                      They should never have any of your health information. They cannot get it without your consent, unless you give it to them.

                                      Here's the whole page I took that snippet from. (It's short.)

                                      http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

                                      Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.

                                      They do? I have never talked to or seen an employer that requires this. It actually may be illegal to request this in NY.

                                      scottalanmillerS 1 Reply Last reply Reply Quote 1
                                      • scottalanmillerS
                                        scottalanmiller
                                        last edited by

                                        the same HHS link that you provided, is the one that said employers were covered as having to comply.

                                        1 Reply Last reply Reply Quote 0
                                        • scottalanmillerS
                                          scottalanmiller @coliver
                                          last edited by

                                          @coliver said in HIPPA:

                                          @Jason said in HIPPA:

                                          @BRRABill said in HIPPA:

                                          @Jason said

                                          So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.

                                          They should never have any of your health information. They cannot get it without your consent, unless you give it to them.

                                          Here's the whole page I took that snippet from. (It's short.)

                                          http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

                                          Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.

                                          They do? I have never talked to or seen an employer that requires this. It actually may be illegal to request this in NY.

                                          I think it is illegal most everywhere. I've never had something like that even mentioned or suggested. Even in Texas I've never heard of anything like that. I'm pretty sure it is illegal in most of the larger states. (NY, CA, TX, etc.)

                                          BRRABillB 1 Reply Last reply Reply Quote 0
                                          • BRRABillB
                                            BRRABill @scottalanmiller
                                            last edited by

                                            @scottalanmiller said >

                                            I think it is illegal most everywhere. I've never had something like that even mentioned or suggested. Even in Texas I've never heard of anything like that. I'm pretty sure it is illegal in most of the larger states. (NY, CA, TX, etc.)

                                            Yeah, pretty sure that's illegal, or could at least be fought.

                                            Some professions in some states may require you to self-report.

                                            And if the drug test divulged the results, that would be a HIPAA violation.

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