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FL - privacy & medical records & HIPPA
#1
I work for a county gov't in Florida, was injured on the job 1 month ago and hopefully the Dr. will release me back to work Monday on light duty.
My question is how much info, if any, do I have to give my direct supervisor about my medical condition/treatment/meds other than what is covered on the Status Reporting Form from THEIR physician and PT? Not only has he been accusing me of not being injured enough to have been off work, but he showed up at the hospital after I had surgery. I am a female and was in the hospital for 6 days after two hand surgeries. My supervisor admitted he came to the hospital (on county time) to see me, but I was asleep and, not wanting to wake me, took my picture with his cell phone. That seems very creepy to me and he still has not given me the photo but admits he still has it in his phone. What right does he or my employer have to "visit" me at home, hospital, Drs Office, etc. I want the least amount of contact possible.

Thank you
 
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#2
put your feelings in writing to your employer. other employees have exact opposite opinion.
it's the employers insurance and the employers claim; they have a lot of control.
HIPAA does not apply to work comp because it's the employers insurance; but they don't have complete access to your medical history, if they are self-insured then they have everything that's necessaryto provide benefits and investigate.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
wow that is really creepy id watch out for him
SETTLED!!!
 
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#4
One thing you need to know, if the picture doesn't surface, and it gets deleted, there is no evidence of it ever happening. So, the ball is in that persons park. If they delete it, there isn't nothing your going to do about it. I'm sure, this person has been told to delete it, and made sure it wasn't sent out. Leaving no trace of it. If it was sent out, I'm sure those people will be told to delete it also. The employer knows how to get around that.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5
Bad Boy Bad Boy Wrote:One thing you need to know, if the picture doesn't surface, and it gets deleted, there is no evidence of it ever happening. So, the ball is in that persons park. If they delete it, there isn't nothing your going to do about it. I'm sure, this person has been told to delete it, and made sure it wasn't sent out. Leaving no trace of it. If it was sent out, I'm sure those people will be told to delete it also. The employer knows how to get around that.

I have a text from him where he acknowledged that he took the pic and attached it a reply text but I couldn't open the pic. I've told him several times to text it to a friends number. He said he didn't know how to do that and still hasn't sent the pic but says he still has it. He's also made allegations that I was mowing my yard & riding my motorcycle. My bike is in another state. What he SAW was my friend's bike in my driveway while SHE mowed the yard. (we have the same physical features). Then yesterday I "run into him" at the grocery store. I want to go back to work and I'm just following Drs orders, their Dr not mine. Freaks me out that he apparently is watching me.
 
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#6
Have you ever thought about reporting this to the Police. As that is a form of stalking, for he / she has no right to follow you around and such. You then show the police the message you have. They may wish your phone though so they can download the text message sent you. You will get the phone back...
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#7
(((He's also made allegations that I was mowing my yard & riding my motorcycle.))))

You need to remember talk is cheap, it's verbal, very hard to prove. But, if he has tape recordings, the Police can handle that too.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#8
HIPAA Workers' Comp Exception

Treatment obtained during workers' compensation that is directly related to the workplace injury may be exempted from the HIPPA Privacy Rule. If a covered entity treats the individual, that entity is permitted to disclose that individual's health information as necessary and to the extent permitted by workers' compensation laws. Covered entitles can also release information as necessary with the patient's explicit authorization to do so. Additionally, individuals cannot request, and do not have the right, to tell a covered entity not to share his or her personal health information if it is required to be disclosed as part of the workers' compensation law.



Workers' Comp & HIPAA Rules | Florida http://www.ehow.com/about_5494607_worker...z0u9VQDSLO
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#9
Bad Boy Bad Boy Wrote:HIPAA Workers' Comp Exception

Treatment obtained during workers' compensation that is directly related to the workplace injury may be exempted from the HIPPA Privacy Rule. If a covered entity treats the individual, that entity is permitted to disclose that individual's health information as necessary and to the extent permitted by workers' compensation laws. Covered entitles can also release information as necessary with the patient's explicit authorization to do so. Additionally, individuals cannot request, and do not have the right, to tell a covered entity not to share his or her personal health information if it is required to be disclosed as part of the workers' compensation law.



Workers' Comp & HIPAA Rules | Florida http://www.ehow.com/about_5494607_worker...z0u9VQDSLO

Thank you! That makes sense. Reporting his stalking is a delicate subject as we both work in code enforcement and work with and among all local/state police agencies on a daily basis. Also with budget cuts being implimented Oct 1st, rocking the boat might cost me my job. I love my job and they know it.
 
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#10
The employer has rights to keep in contact with an injured worker. But a supervisor taking photo's of you, and following you around, isn't protocol. Is this a self insurance, or do they use an Insurance Carrier? You can contact the Insurance also, explain what is taken place also. Call the Police an apply stalking charges. You have certain rights here. But, will you have a job if you make waves....?

You should also, contact the Work Comp Board, tell them what is taking place, ask them what you can do about it, what your rights are to this situation.

http://www.myfloridacfo.com/sitePages/ag...sComp.aspx
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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