general type of question

[gmnigrl]

I have a general question since I know that it involves the entire corporation.

My manager stated in a meeting the other day that should anything happen to any of us she will be going to the Doctor's appointment with us. I stated that she would not be going into the exam room with me if that ever happened and she got pissy and said she would. I told her that would be a HIPPA violation. She stated that it is not against HIPPA. basically just making that statement got me on the S list fast.

So the question I have is who is right me or her? and whwere would I find an answer.

[jayne]

your right it is agaisnt Hippa and she cannot force her way in....

[chrischris]

She must really be a witch!

She can take you to your appt., and sit in the waiting room, and drive you back. She is also entitled to receive a copy of your work status report, not nothing else. But that's about it.

[1171]

jayne and you are half wrong.
Hipaa does not apply to workers comp.
however unless the employer is self-insured that exception applies only to the carrier and only in so far as information necessary to adjust the claim and provide restricted or light work.

[Lilly]

Don't worry.....that S-List will most likely change daily....On the top of the list one day......on the bottom the next.
I don't blame you for speaking up. That would have ticked me off too. Our boss once tried something similar...he wanted all our medications listed in our files that we took daily. I said What???? What if I'm being treated for an STD...and didn't want to share that lil pc of info....he states "they must have a list"
B.S. not true, and none of their beeswax.
I NEVER supplied .
So I was on that S-list once too (of many times)

Lilly

[gmnigrl]

1171, i am not saying that she can not sit in the waiting area while I am being seen by the doctor...what I was telling her is that she WILL NOT be allowed into the exam room while I am being seen and she informed me that she can and will be there. To me that is the biggest violation of all. I totally understand them needing some information about the treatments but I refuse to allow anyone into the exam room unless they are the doctor. Besides HIPPA has to apply to them as well. at least in some way.

[jayne]

1171 Wrote:jayne and you are half wrong.
Hipaa does not apply to workers comp.
however unless the employer is self-insured that exception applies only to the carrier and only in so far as information necessary to adjust the claim and provide restricted or light work.

well maybe my Doc was wrong 1171 but he said my appt was between me and him...while they were intitled to a work status report and injury report but nothing else...anything I said to him was between me and him he wouldnt even see a NCM afterwards said it was an invasion in HIS clinic to have a nurse tell him how to treat his patients....Now he was a specialist in his field and had went to collage for years so he may have been wrong to protect me his patient and to put my medical needs above all else but the judge sided with him so I guess he was doing the right thing.....I wish more Doctors would.....But to be fair since the WC wouldnt admit I needed care my private insurance paid for it,after the WC was told by the judge you are responsiable you will pay they wanted me to change docs I refused and the judge sided with me....they were given my written records with diagnosis and meds and a no work slip....that was it...Hippa always protects the patient...and you do not have to have anyone in the Docs office with you that you dont want there..just tell them to make their own appt..however they have the right to make another appt and speak to your Doc afterwards and copies of your diagnosis and meds and restrictions and if this is a work injury,,,,,,nothing else is their bussiness and the sooner injured workers understand this and stand up for their rights the sooner the IC will respect us the injured worker...

[Still in Limbo]

I can Only Speak for the State of Pa., but I don't Care if it's the Good Lord Him/Herself, the Exam Room is Off Limits unless I give Permission! They are Welcome to wait in the Waiting Room,and Speak to the Dr. after the Exam, but they are not allowed in the Exam Room if You say No Period! Again, I can Only Speak for Pa., but I thought this was a Federal Rule! Best of Luck!!

[Lilly]

I'd be tempted to schedule a gyn exam (at my own cost) along with the injury exam....and Welcome the boss into the room....
carry on a conversation with the B&%^# all the while looking at her between your legs as they're spread eagle and exposed to the world!
NO. No stranger other than doctors office people are coming in to see any of my personal exam!!

Lilly

[1171]

There is no problem with employers, workers' compensation insurance carriers, physicians, and other participants in the workers' compensation system sharing protected health information with each other in connection with workers' compensation claims and appeals. HIPAA specifically allows three exemptions for workers' compensation-related matters:
if the disclosure is authorized and to the extent necessary to comply with laws relating to workers' compensation or similar programs established by law that provide benefits for work-related injuries or illness without regard to fault.
if the disclosure is required by state or other law, in which case the disclosure is limited to whatever the law requires.
if the disclosure is for the purpose of obtaining payment for any health care provided to an injured or ill employee.

the employee's written authorization is not necessary for the disclosure if one of those exceptions applies, and the employee also would not be able to require the covered entity to withhold the information . The bottom line is that if any health-related information is being exchanged in conjunction with a workers' compensation claim or appeal, the HIPAA privacy rule will not stand in the way.

Federal Code of Regulations 45 CFR 164
http://www.access.gpo.gov/nara/cfr/waisi...64_08.html

sharing information and being present during a medical examination are 2 different things.
Citing HIPAA won't justify her presence and neither will it entitle you to keep her out.
you'll have to look at general patient confidentiality rules.