Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
FL - privacy & medical records & HIPPA
#11
(((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.)))

I understand that, but, the issue is, how far will let this person take control of you, over you? The person sounds like a control freak now. Are you willing to continue to allow that? You may contact their boss then. Explain how this is creaping you out. You feel scared of the person, your worried just what kind of pictures did they take, as you were sleeping, such as did he lift the sheets and snap other pictures, as you were sleeping remember? You really don't know what this person had done, do you? So, that is freaky very much so.
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.
 
Reply
#12
Aviatrix Wrote:
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.

Well, I can say this. Do nothing, and you have nothing to loose. Take a chance you can loose your job. But, if you can prove the issues at hand, you can Sue for your job back. That's why you need to go over this persons head. Like yesterday. Or, sit back, let the person do what ever they like, as they feel free to do so now. Next thing you know, you will be saying you saw this person lurking in through your window while walking freely through your home after getting out of a shower or something. It happens... And snaps even more photo's...
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.
 
Reply
#13
Bad Boy Bad Boy Wrote: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

I work for the county and we are self-insured. Now I find out that they are saying they aren't covering my medical bills and if I want paid, it's all coming out of my vacation hours (not just the 33 1/3%). Of course, all this is coming from my stalking supervisor.
 
Reply
#14
Bad Boy Bad Boy Wrote:
Aviatrix Wrote:
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.

Well, I can say this. Do nothing, and you have nothing to loose. Take a chance you can loose your job. But, if you can prove the issues at hand, you can Sue for your job back. That's why you need to go over this persons head. Like yesterday. Or, sit back, let the person do what ever they like, as they feel free to do so now. Next thing you know, you will be saying you saw this person lurking in through your window while walking freely through your home after getting out of a shower or something. It happens... And snaps even more photo's...

Side note: There is NO dispute that the injury was received on the job during the normal course of duty. This type of injury is very common, happens almost daily, and the risk is just part of the job, whether we are wearing PPE or not. This isn't the first time I have had this same type of injury but no one in my dept has ever had an injury as serious as mine. It sure sounds like they are setting up new SOP protical. My supervisor is saying that because the injury was preventable, they are not covering it.
 
Reply
#15
Then you need to stand up to him. tell him, it doesn't mater if it's preventable or not. As it took place, with little you could do to stop it. Then inform him, there are work comp Laws and Rules that will protect your rights. This person is stepping out of bounds. Contact his boss, even make contact within your that handles your work comp claim. You need to talk with someone other then this person trust me.
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.
 
Reply
#16
Contact get answers

http://www.myfloridacfo.com/wc/employee/index.html
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.
 
Reply
#17
You have nothing to worry about other than the creepy stalker. Preventable is irrelevant and the injury is fully covered under WC. BUT if you begin to feel that the employer may not be acting in your best interest best to get an atty sooner rather than later.

Aviatrix Wrote:
Bad Boy Bad Boy Wrote:
Aviatrix Wrote:
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.

Well, I can say this. Do nothing, and you have nothing to loose. Take a chance you can loose your job. But, if you can prove the issues at hand, you can Sue for your job back. That's why you need to go over this persons head. Like yesterday. Or, sit back, let the person do what ever they like, as they feel free to do so now. Next thing you know, you will be saying you saw this person lurking in through your window while walking freely through your home after getting out of a shower or something. It happens... And snaps even more photo's...

Side note: There is NO dispute that the injury was received on the job during the normal course of duty. This type of injury is very common, happens almost daily, and the risk is just part of the job, whether we are wearing PPE or not. This isn't the first time I have had this same type of injury but no one in my dept has ever had an injury as serious as mine. It sure sounds like they are setting up new SOP protical. My supervisor is saying that because the injury was preventable, they are not covering it.
 
Reply
#18
Cycler is right. There is nothing in the Florida WC law that allows an employer or insurance carrier to not pay a claim because it was "preventable". WC is "no fault" and as long as the injury was "arising out of, and in the course and scope" of your employment, it is covered!

There is a provision for a 25% reduction in benefits for failure to use a mandatory safety device but nothing that states a preventable injury is not covered.
 
Reply
#19
kate Wrote:Cycler is right. There is nothing in the Florida WC law that allows an employer or insurance carrier to not pay a claim because it was "preventable". WC is "no fault" and as long as the injury was "arising out of, and in the course and scope" of your employment, it is covered!

There is a provision for a 25% reduction in benefits for failure to use a mandatory safety device but nothing that states a preventable injury is not covered.

We don't have any "mandatory" safety devices, that is I've never seen it in writing and training was all verbel. We are all told that we have to use PPE but the entire dept knows that even the PPE does not prevent injury 100% of the time, and injuries have happened with and without PPE. Risk Management is well aware of all this.
 
Reply
#20
I understand what PPE is. But, what they are saying, it has nothing to do with you in a No-Fault work comp system. Meaning your Super is full of beans, your State allows a work comp claim for you.

http://www.osha.gov/SLTC/personalprotectiveequipment/
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.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Terminated for cause and human resource falsify records Lostandconfused 8 2,145 11-20-2018, 12:33 PM
Last Post: Lostandconfused
  Claims Manager Accessed All Medical Records? shefallsdown 5 3,096 02-10-2017, 10:35 PM
Last Post: California_Help
  No Medical Records for IME John no Dough 1 2,547 08-02-2014, 07:05 PM
Last Post: 1171
Question wc and privacy diaimi 5 3,214 06-12-2014, 10:32 AM
Last Post: Manley2
  Medical records not sent to AME....Help in CA IIGEMINI 8 8,833 04-02-2014, 12:59 PM
Last Post: 1171
  Medical Records chrischris 0 2,128 10-03-2013, 12:46 PM
Last Post: chrischris
  Limiting IC access to medical records dina 12 16,443 11-01-2011, 10:42 PM
Last Post: 1171
  Seeking Pharmacy Records Bummer Knees 9 10,037 12-02-2010, 09:30 AM
Last Post: Bummer Knees
  Does the IC have the right to send my medical records to another Doctor waterbird808 4 7,099 06-16-2010, 05:02 PM
Last Post: 1171
  medical records jimmyo1 3 4,376 03-24-2010, 11:59 AM
Last Post: jimmyo1

Forum Jump:


Browsing: 1 Guest(s)