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Is this a violation of my HIPPA rights?
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Is this a violation of my HIPPA rights?

I work for an insurance company and filed a workers' comp claim for a work injury that I sustained a few months ago. I discovered an email sent to a coworker from an attorney with ALL of my medical notes - including the medical records from my family physician with my medical history. Now she knows personal information and I feel violated. What do I do? Is this a federal crime?


    

Big PandaBear
Although the purpose of HIPAA is to protect an individuals medical privacy and confidentiality, there are exceptions. HIPAA regulations specifically allow covered entities to disclose health information as authorized and to the extent necessary to comply with workers compensation laws (45 CFR § 164.512). Here is a great article regarding this http://worker-comp-law.com/content/hipaa-and-workers-compensation.html

You say you work for an insurance company. If your employer is work comp self-insured (and they are handling the benefits), then certain people in the company are entitled to review your medical records. Sorry, I know that is not the answer you were looking for. I feel bad and can understand why you feel violated. My recommendations is to let your Human Resources know your concerns.
.


SCOTT M
Rating
It is certainly a violation of your HIPPA rights unless the person who got the email was an HR person.


KC
Rating
It is definitely against HIPPA


Chris h
Rating
It may be a violation.

You should consult a lawyer.

http://en.wikipedia.org/wiki/Health_Insurance_Portability_and_Accountability_Act





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