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Medical documents privacy violation?

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padington73

Junior Member
What is the name of your state? TX

My wife is currently working for an employer that she worked for 9 years ago. My wife recently learned that when she was interviewing, her current manager requested her previous personnel file. The file included some medical documents that she had submitted to be approved for a leave of absence for medical reasons. Is it a violation of her HIPAA rights for the HR department to provide her current manager with these medical documents?
 


cbg

I'm a Northern Girl
That depends entirely how the documents were obtained. For employment purposes, the ONLY medical information that is protected by HIPAA, is that which was obtained THROUGH a self-insured group insurance plan. In addition, any information regarding workers compensation claims is specifically excepted from HIPAA, as is any information that the employee provideds to the employer.
 

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