Wiki HIPAA Issue?

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thedaze@gci.net

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I am a medical biller in a chiropractic office and our office manager has issues with running her mouth to patients.
I was a patient in this office before I was employed by this office.
I personally have health issues that she feels it's ok to discuss/complain to patients about when I have to take schedule time off for infusions (which is approved by the owner).
Is this a HIPAA violation?
 
thedaze@gci.net said:
I am a medical biller in a chiropractic office and our office manager has issues with running her mouth to patients.
I was a patient in this office before I was employed by this office.
I personally have health issues that she feels it's ok to discuss/complain to patients about when I have to take schedule time off for infusions (which is approved by the owner).
Is this a HIPAA violation?
Click to expand...

I just want to clarify that I understand specifically what's happening here before I attempt to make any suggestions.

You're taking time off work to seek medical care. The office manager is complaining about the time that you're scheduled to be off work, and possibly gossiping about the reason why you're absent from work.

Is that correct?
 
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sls314 said:
I just want to clarify that I understand specifically what's happening here before I attempt to make any suggestions.

You're taking time off work to seek medical care. The office manager is complaining about the time that you're scheduled to be off work, and possibly gossiping about the reason why you're absent from work.

Is that correct?
Click to expand...
Yes!
 
Not a legal expert, but I believe your employer is not considered a HIPAA entity unless they are providing your medical care. If the medical care that the manager is speaking about is regarding you as a patient of the practice, that could be a violation. If the medical care that the manager is speaking about is regarding you as an employee, it's not particularly ethical, but not violating HIPAA.
I personally would try the most direct approach. Privately, professionally, and calmly let her know that you are not comfortable with her discussing any aspect of your medical care with patients and ask her to refrain from this in the future. Even suggest a script for her to use if a patient asks about why your are not in. Something like "Thedaze is not working today, and will be returning to the office tomorrow. Thedaze will gladly address your questions upon their return."
 
csperoni said:
Not a legal expert, but I believe your employer is not considered a HIPAA entity unless they are providing your medical care. If the medical care that the manager is speaking about is regarding you as a patient of the practice, that could be a violation. If the medical care that the manager is speaking about is regarding you as an employee, it's not particularly ethical, but not violating HIPAA.
I personally would try the most direct approach. Privately, professionally, and calmly let her know that you are not comfortable with her discussing any aspect of your medical care with patients and ask her to refrain from this in the future. Even suggest a script for her to use if a patient asks about why your are not in. Something like "Thedaze is not working today, and will be returning to the office tomorrow. Thedaze will gladly address your questions upon their return."
Click to expand...

This is what I was finding in my research as well. (I found a case relating to an employee of a health plan who was gossiping about a co-worker's medical condition. It wasn't a HIPAA violation, but it did violate another workplace privacy law in that state.)

I'm sorry this is happening to you, the daze. Although it may be unlikely to be a HIPAA violation, that still doesn't make her actions right. I'd explore whether any workplace privacy laws in your state might apply to the situation.

Is she your direct supervisor? I noticed you mentioned that the owner had approved your time off, so it sounds like she wasn't directly involved in that approval process.

I'd suggest not giving any personal information to the office manager if you don't have to do so. She needs to know that you have time off approved by the owner - it's none of her business WHY you have that time off.

Since this is primarily an HR-related issue, I might suggest asking Alison at Ask A Manager. She's an HR expert and (in my opinion) gives fantastic advice. Her column is one of my favorite non-coding-related sites. https://www.askamanager.org/

You could seek legal advice from someone in your area, too, if you wished to explore your options further.

Good luck to you.
 
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