privacy breached

[seandisme]

so i go to my doctor visit and notice when she was writing in my medical file , a sticky note stating my boss had been there discussing my W.C. case with the doctor. the note said "mr. bxxxx" had said that it seemed fishy to him that after me being off work a month that my elbow isnt healing. He wants me back to work! then after i asked the doctor what the note said he said "oh, it was from your boss and he was just wanting you back to work.I saw the note myself , read it and the doctor lied to me. and when i came in for a follow up visit 3 days later the note was gone. i think they broke my confidentiality binder i signed. i never gave permission for my medical case to be discussed with anyone except my W.C. claims adjuster. did my employer break the law? what can i do about this ?

[Bad Boy Bad Boy]

Sorry, no Laws broke here, employer is allowed the see, talk, and review your medical case, their paying the Bill through the Insurance they pay for.

[seandisme]

Bad Boy Bad Boy Wrote:Sorry, no Laws broke here, employer is allowed the see, talk, and review your medical case, their paying the Bill through the Insurance they pay for.

thanks for your speedy reply. in any case the doctor has requested an MRI and i am just waiting for that to show them there is nothing "FISHY" about my case. it just isnt getting any better , from my perspective ...i am the one in pain with my mobility still being restricted due to pain.
thanks again.

[1171]

BAD
that's not completely true.
the employer makes no benefit payments when they are insured and the responsibility for confidentiality is transferred to the carrier by way of the policy contract. they don't both have the same rights to patient/worker information. the carrier has the Hipaa exemption as the provider and determiner of benefits but not so the employer.
depending on her state and the status of the employer as self-insured or not and what information was given she could make a written objection to the doctor and the carrier and may have the right to file an action with the feds under Hipaa.
talking to the doctor is not a breach; it depends on what information the doctor provided.
many states allow a change of physician and she could request another treating doctor.

[seandisme]

1171 Wrote:BAD
that's not completely true.
the employer makes no benefit payments when they are insured and the responsibility for confidentiality is transferred to the carrier by way of the policy contract. they don't both have the same rights to patient/worker information. the carrier has the Hipaa exemption as the provider and determiner of benefits but not so the employer.
depending on her state and the status of the employer as self-insured or not and what information was given she could make a written objection to the doctor and the carrier and may have the right to file an action with the feds under Hipaa.
talking to the doctor is not a breach; it depends on what information the doctor provided.
many states allow a change of physician and she could request another treating doctor.

i am in california. and it is a insurance company carrying my comp benifits for the company i work for.

[1171]

yes california is much stricter on what patient information the employer is entitled to.
they do allow the doctor and carrier to inform the employer about work restrictions, diagnosis, and return to work dates.
details concerning medical history, concurrent conditions, treatment plans, tests, etc. is not disclosable.

If you believe there was a breach you should put your objection in writing to the carrier, employer, and doctor.
you are entitled to be treated by any doctor within the carriers MPN and can inform them of if/when you change.

[Still in Limbo]

I'm in Pa., and the Attorney for the Ins. Co. sent Me a Medical Release to Sign, and I contacted My Attorney about it. He said I could be a Hard A** and not Sign it, but that wouldn't look Good to the Judge, so to Sign it and Write "Clearly and Only for Medical Info. Regarding My Workplace Injury Dated xx/xx/xxxx!" They could have Filed a Petition and Won Making Me Sign it, this just made things a lot Easier, and showed Good Faith and Cooperation with the Ins Co. in the Judges Eyes!