HIPPA Violation and what to do?

[Guest]

My husband is having surgery. The company does not have any forms that need to be filled out for medical absence so he had the surgeon write a note saying he was having surgery and would be out for 6 weeks and a return date. The boss told him that they needed MUCH more specific information about what type of surgery, what was being done, etc. so he could look it up and see if 6 weeks was required for recovery. The boss also said he would be calling the doctor. This note came directly from the surgeon, on his letterhead, it's not like we wrote it ourselves. He implied that my husband would be laid off if he did not give him specific information and tell the dr to talk to him. Can the company require you to violate your privacy like that? My husband does NOT want his work to know what he is having surgery for!

 

[cbg]

This is not a HIPAA violation. HIPAA is a very misunderstood law. It does NOT prohibit an employer from asking for information; it limits who your doctor can give the information to without your approval.

The employer is entitled to enough information to see what laws are in play. A doctor's note saying, "Joe needs to be out for six weeks" is not sufficient information for the employer to tell which one (or more) of several different laws is implicated.

Given this day of laser printers and scanners, the fact that the letter is on the surgeon's letterhead does not even remotely prove that you did not write it yourself. Calm down - I'm not saying you did. But the fact remains that it's not proof.

Precisely how much information the employer needs for verification is situation specific. But what you have described as having been submitted is not enough.

 

[Proserpina]

If your husband wants to keep his job, he really does need to provide more information.

There are no privacy issues here. If anything, the company is protecting itself by trying to determine whether or not this qualifies for FMLA.

 

[Betty3]

It's "possible" though that the employer and/or employee do not qualify for FMLA regardless of the reason for the surgery. However, the employer does need more information to determine what laws, policies, etc. might apply.

I see no HIPAA violation.