Trusting HR?
on 7/16/15 2:20 pm
As I understand it, HIPAA only applies to health care providers or health plans and their "business associates."
Employers are not required to comply with HIPAA.
Sparklekitty / Julie / Nerdy Little Secret (#42)
Roller derby - cycling - triathlon
VSG 2013, RNY conversion 2019 due to GERD. Trendweight here!
I am with suppershopper and naveychic- first you do not need to tell your employer what you are doing only provide a note that says you need so much time off for medical reasons. However, your HR department is absolutely required to keep your medical information confidential and secure. If she tells your business to others you have a right to grievance against it. Seeing as you have already given her your medical documents I would maybe follow up with a friendly warning that your medical information is confidential and that you want to make sure that the department keeps it that way. Good luck on Monday!
The FMLA forms are federal forms that requires the doctor put the details if the condition. The employer needs to be able to determine if it meets the guidelines of a "serious health condition". I'm an HR Manager and had to have all those details put out there, but luckily I confided in my boss and she held the paperwork so no one else could pull/read them.
I'll say that if someone in my staff disclosed anything about an employees medical condition, I'd discipline them harshly!!
5'6.5" High weight:337 Lowest weight:193/31 BMI: Goal: 195-205/31-32 BMI
on 7/16/15 3:35 am
Thanks @Melissa and @Navychic, but these were insurance papers to cover the short term disability/FMLA. I very specifically asked the nurse who filled them out if she had to write it in so specifically, and she said yes :(
Oh well...hopefully I am overreacting and her professionalism will kick in.
I have a similar situation. I was hoping to be very discrete to HR. But, after I received the paperwork the insurance company requires to be filled out for short term disability, it asks for my height/weight AND reason for leave. In addition, it asks "have you had this condition before". I still tried to prevent HR from seeing the form by offering to send it in myself but they said they need to make a copy for my HR file.
It's possible you could attempt to scare her in to silence by saying, "I trust the nature of my surgery will be kept quiet in accordance with HIPPA and the FMLA". That's what I did. Of course, I don't know if it worked for sure but I haven't heard any rumors (though, I would be the last to know).
Referral: February 2015; TWH Orientation: April 2015; Social Worker: June 10, 2015: Nurse Practitioner: June 11, 2015; Nutrition Class: June 15, 2015; Psychometry Assessment: June 16, 2015; Nutrition Assessment: July 22, 2015; NP follow-up: July 28, 2015; Surgeon Consult: August 28, 2015; Surgery: November 6, 2015; Operation: VSG
on 7/16/15 9:24 am
Yeah, I am trying to decide if making a veiled threat will help or hurt. Its out of our hands now, anyway, though, right?
Wishing you the best in both recovery and secrecy!!
Only health care providers are bound by HIPAA regulations. Employers are not. It would be unprofessional for an HR person to share that information, but NOT a HIPAA violation.
If she is a blabbermouth, she should not be in HR. I would contact HER manager if she reveals personal information.
Lora
14 years out; 190 pounds lost, 165 pound loss maintained
You don't drown by falling in the water. You drown by staying there.