Company Released My Medical Condition to other employees!!

[JAP1958]

What is the name of your state (only U.S. law)? PA - My situation is very unusual. I work in HR - and filed documents with our third-party provider for FMLA/Leaves. I know from being in HR that when someone does this, the ONLY information that HR (or anyone) gets is the accommodation requested - NOT the health condition.

My employer released my condition to 3 people, also in HR, including my direct manager. I've reviewed internal policies (under Compliance) and am certain that they violated numerous SOPs.

Due to the company's business, the organization is certified by ISO and ENHAC (I think that's the spelling!). I know that latter certification attest that the company will maintain the highest standards to ensure that PHI is secured.

I'm fairly certain that they will be letting me go very soon, based on "performance issues".

Do I have any recourse against them for sharing my medical information with others who had no need/right to know?!

 

[tranquility]

Do I have any recourse against them for sharing my medical information with others who had no need/right to know?!

This question comes up about once a week and a search might give you more detailed information.

The answer is, probably not.

Special protective statutes tend to not give a private right of action.

Which leaves us with more general torts (Like public disclosure of private facts.). There, the issue will be damages. How were you hurt by the disclosure?

 

[cbg]

There's a great difference between violating a law, and violating a company policy.

Were any LAWS violated by this disclosure?

 

[JAP1958]

Original Poster

I don't know if any laws were violated - that's why I'm posting here!

From reading PA and Federal law - perhaps . . . can attorney's please reply?

 

[Zigner]

I don't know if any laws were violated - that's why I'm posting here!

From reading PA and Federal law - perhaps . . . can attorney's please reply?

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[cbg]

If you're in HR you really should know this, but okay.

Based SOLELY on what you have posted, no laws were violated. The fact that the others to whom the information was released, were also in HR means that they are likely covered under the HIPAA umbrella. The same applies to any issues under the ADA. Beyond that, you have very little expectation of privacy in the workplace.

I cannot carve it in stone for you, and it is possible that additional facts may change the answer, but the facts you have shared do not support a legal claim.

Now, if you actually are fired for performance reasons, but you have a valid and supportable reason to believe that it is a pretext to drop you because of your medical condition, come back with the facts regarding the term and we'll re-address it. Right now, you got nuttin.

FYI, I am a 35 year HR practitioner and undergo refresher training in HIPAA yearly.