Violation of HIPAA? If so, HOW do I report this?
My superior ordered me to get my Rx bottles for migraines to verify that I have them, then said that If this isn't good enough [for her boss] then she would need to call my doctors about it. I never signed a release. Another superior stated that it was a violation, but no one seems to have any idea where or to whom I should report this incicent.
Answers:
HIPAA only applies to covered entities. Covered entities are health plans, health care providers, and health care clearinghouses.
Therefore, your superior would not have violated HIPAA unless your employer fell within the definition of covered entities or if the employer is a business associate of a covered entity.
Ask your pharmacy and your supervisor for a copy of the HIPPA Compliance Statement. I know for sure that the pharmacy will have one. It should give you an idea of who to report it to. As for handling the person at work, I would contact Human Relations, they would be the ones that would handle HIPPA Compliancy. They should have a copy of it, if they don't, demand one.
Where do you work? at MacDonald or Kmart?
Rx bottles! that's ridiculous all your superior needs is medical certificate from your doctor, that's all, if he doesn't want to believe you that's his problem and if he fires you then you can sue them all.
Secondly your boss can't call your doctors because the Doctors know that if they say a word without your consent they can get sued for violation of medical-patient confidentiality under HIPAA law and they can also be reported to the Medical Assosiation. So your superior is wasting his time if he plans to call.
Now so far your boss only asked to see your medicine so there is no HIPAA violation yet. Just tell him that you will bring a madical cerficate from your Doctor stating your condition and that you are under medical care (that's all he has the right to ask from you; what ever you are taking or not is not of his concern unless you have no problem about telling).
If he insist on not trusting your claim after bringing medicval evidence then report him to his superior, Human Resourses, your Union or to the Labour Bureau of your area.
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