HIPPA violation?

lesakay67

New Member
I would just like to know if this is a HIPPA violation or not before proceeding with complaint to corporate.
I work in a nursing home and have diabetes which has been hard to control. At this time I had been fairly new to insulin shots, which I had informed my coworkers of including my charge nurse that evening. When I experienced a sugar issue that evening my nurse accused me of being on something (ie, drugs, alcohol )and informed my director of nursing, who I had previously informed of my diabetes. The DON came and spoke with me briefly but just asked if I was feeling alright, I told her I was not feeling great but I'd be ok. The DON then went to get the administrator who came and pulled me from my duties, they then took me to the DON's office and began to question me. The administrator came right out and said I appeared to be on drugs or drinking, that my speech was slurred, my gait was unsteady, my mouth was dry (how someone knows when someone else's mouth is dry I've yet to figure out) I told both parties that I was sure I was having a diabetic issue and did not have my insulin with me. The administrator insisted that they do a finger stick and I refused, explaining that I do not do finger sticks, I have somewhat of a fear and they could ask any of my coworkers about that. They performed a drug test and it came back positive for hydrocodon, which is prescribed to me and on record in my personnel file, but I had not had one since 11:30 pm the night before (this was around 5:30pm on day of question) The administrator told me I did not seem able to work so she was sending me home and said frankly I don't think you're fit to drive. I was informed I would have to bring printout from pharmacy with all my current medications on it and she wanted a note from my doctor stating why I took pain medications and what condition specifically not just taking them for pain. I told I had appointment at end of week and would bring something then, I was told if I valued my job I would bring it before then. My doctor told me she could not force me to bring something like that but wrote it when I asked (it was to avoid losing my job) After receiving everything from me and examining it the administrator told me she did not doubt that my blood sugar had been over 500 that day. My question is if it was a HIPPA violation when I was made to bring in that note from my doctor in order to keep my job?
 
No, it was not a HIPAA (not HIPPA) violation. HIPAA regulates who may release medical information, not who may ask for it. If the doctor had provided the information to the employer without your authorization, THAT would have been a violation, but requesting or even requiring that you provide a doctor's note is not.
 
No, not a violation. I can see where you employer might require/want a note from your dr. in this case & ask you to get one.
 
"The administrator insisted that they do a finger stick and I refused, explaining that I do not do finger sticks, I have somewhat of a fear"

If you fear checking your blood glucose levels, how do you manage to control your diabetes?

Not checking your blood glucose levels and not having your insulin with you (and showing all the classic symptoms of diabetic ketoacidosis) the implication is that no, you don't control your diabetes very well. A risk around your patients since you work in a nursing home.

Gail
 
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