Employer's Disclosure of Medical Information

[BeverlyByrd]

Michigan

I just resigned from a company in Michigan. Several contacts, current employees and outside contacts have informed me that the owner of the company is telling everyone that the reason I resigned is because I have been diagnosed with Bi-Polar and I am just having a bi-polar fit. Is this legal and with the HIPAA laws isn't this illegal?

Thank you!

Beverly Byrd

[Mr. Knowitall]

Your employer should not be disclosing confidential employee health information. Consult a plaintiff-side employment lawyer.

[seniorjudge]

Michigan

I just resigned from a company in Michigan. Several contacts, current employees and outside contacts have informed me that the owner of the company is telling everyone that the reason I resigned is because I have been diagnosed with Bi-Polar and I am just having a bi-polar fit. Is this legal and with the HIPAA laws isn't this illegal?

Thank you!

Beverly Byrd

Was the information about you true?

[aaron]

That would be relevant to the question of whether there might also be a defamation case, but is peripheral to any liability arising from the breach of confidentiality. It is something to discuss with the lawyer you consult.

[BeverlyByrd]

Yes it is true I have Bi-Polar but no the accusation was not true. I resigned as a result of obtaining a new position.

[cbg]

How did your boss get that information? It makes a difference to whether it is considered "protected health information" under HIPAA.

[BeverlyByrd]

Recommendation from my Doctor and so I disclosed the information to him so that he understood what was going on with my health. But I never imagined him sharing with everyone.

[cbg]

Since you disclosed the information to him, it does not fall under HIPAA; it is not protected information and the disclosure does not violate the law.

Good business practice, yes. Courtesy, most certainly. But the law? no.

[aaron]

If the disclosure was made in the context of a request for accommodation under the ADA, or family leave under the FMLA, confidentiality provisions could apply.

[cbg]

True enough, thanks Aaron. The poster only mentioned HIPAA so that was what I addressed.