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Workplace hipaa violation???


I work for a large retail outlet as a member of management and had a relationship with an employee. At the time that my employer found out, my store manager told me that if the associate did not quit, I would be fired. So he did quit. I recently returned from maternity leave after giving birth to a child with that associate. Three days after returning to work I was called into my HR and told that I was being placed under investigation because i listed the associate as the father of my child on my insurance enrollment. She then asked me to write a statement which I did, admitting to the relationship. Today I was terminated because of the statement I wrote. I believe that my rights have been violated because this company used my insurance enrollment against me. Are these papers not protected by the new hipa law or the patriot act? Please inform me as to if you think I have a case. In this matter I also believe that my store manager deliberately misinformed me by telling me the other employee had to quite, as my HR told me last week that they would have transferred him and the issue would have been dropped

My insurance information was seen by my HR because she has to submit enrollment papers to Blue Cross. She then called her supervisor with the info.

you may have a case unless hipaa doesn't apply to your superior administrator

It's called "wrongful termination".
Call your state labor board and take action against your employer.

1. HIPAA only applies to health care providers and health insurance companies. HIPAA prevents those entities from releasing certain personal information, except in a handful of circumstances.

2. You filled out the enrollment form and voluntarily gave it to HR. HIPAA does not pertain to anything you willfully disclose.

3. HIPAA or not, you are [I presume] an at-will employee, meaning you may be fired for any reason, or no reason. In your case, as long as you weren't fired solely due to your pregnancy, I don't see how you have any recourse to complain, regardless of what HR told you, did, or failed to do.

It's the health information privacy act, and you pretty much convicted yourself by signing that statement--why in the world would you do that? You may want to seek the advice of an attorney.Your company is probably self insured and that is how they saw the father information. But you may have a case anyway--give it a try. Your health information wasn't given away by anyone but you really, when you signed the letter--the insurance papers pretty much told them, but they had nothing on you until you signed the papers, I would say. Don't ever trust management when they call you in and ask you to sign anything--NEVER! Do you have a union? If so, contact them.

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