HIPPA
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We don't give out our personal cell but someone got mine off a drug test (we do them quarterly) and started using it as well as giving it out to people, is this a violation of HIPPA law? I just want to know before I report it..
Edit: please move to water cooler
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Personal what?
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@coliver he added it after...
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I believe HIPAA only covers medical information, so it wouldn't cover your name, number, nor your address.
I suggest using a google voice number to give out to people.
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I believe HIPAA only covers medical information, so it wouldn't cover your name, number, nor your address.
I suggest using a google voice number to give out to people.
But 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.
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@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 -
@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.htmlOur employeer does the drug test themselves. We have our own nurses, safety, doctors etc.
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Are you sure they got it from the test and not elsewhere?
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@Jason reporting your own employer might not end well for you....
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Are you sure they got it from the test and not elsewhere?
Yes, she even told me that's where she got it.
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@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.
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“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.
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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.
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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. -
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.
