# HIPAA laws and me

**URL:** <https://boards.straightdope.com/t/hipaa-laws-and-me/582640>\
**Category:** In My Humble Opinion\
**Created:** [May 21, 2011, 12:25am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640 "2011-05-21T00:25:40Z")\
**Posts on this page:** 12\
**Page:** 3

<div class="post-metadata">

**Author:** ![etv78](https://avatars.discourse-cdn.com/v4/letter/e/d78d45/32.png) [@etv78](https://boards.straightdope.com/u/etv78)\
**Post date:** [May 22, 2011, 1:54am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/41 "2011-05-22T01:54:02Z")

</div>

> [@Lord\_Feldon](#):
>
> To minimize the cost of labor for the employer.

Two large costs:

1. Training new employees
2. Legal fees from lawsuits (not necessarily in the OP case, just in general)

---

<div class="post-metadata">

**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [May 22, 2011, 2:36am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/42 "2011-05-22T02:36:42Z")

</div>

The cost of lawsuits is borne by the employer’s insurer, not by the employer itself. General liability policies don’t take into account risk experience issues like employee lawsuits, those being a very small part of doing business.

---

<div class="post-metadata">

**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\
**Post date:** [May 22, 2011, 2:38am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/43 "2011-05-22T02:38:12Z")

</div>

> [@etv78](#):
>
> . . . If HR is NOT there to fight for the rights of employees, what ARE they there for? . . .

This is a very naive and potentially damaging misconception. HR is not there to help you, unless that is the most cost-effective response to the issue you raise.

---

<div class="post-metadata">

**Author:** ![etv78](https://avatars.discourse-cdn.com/v4/letter/e/d78d45/32.png) [@etv78](https://boards.straightdope.com/u/etv78)\
**Post date:** [May 22, 2011, 3:00am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/44 "2011-05-22T03:00:57Z")

</div>

> [@Really\_Not\_All\_That\_Bright](#):
>
> The cost of lawsuits is borne by the employer’s insurer, not by the employer itself. General liability policies don’t take into account risk experience issues like employee lawsuits, those being a very small part of doing business.

:smack: Forgot most white-collar industries have liability protection.

---

<div class="post-metadata">

**Author:** ![etv78](https://avatars.discourse-cdn.com/v4/letter/e/d78d45/32.png) [@etv78](https://boards.straightdope.com/u/etv78)\
**Post date:** [May 22, 2011, 3:02am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/45 "2011-05-22T03:02:57Z")

</div>

> [@TruCelt](#):
>
> This is a very naive and potentially damaging misconception. HR is not there to help you, unless that is the most cost-effective response to the issue you raise.

So you agree people should NEVER trust each other, that they are ONLY out for themselves! If so, I guess I was right all along.

---

<div class="post-metadata">

**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [May 22, 2011, 3:04am UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/46 "2011-05-22T03:04:04Z")

</div>

Human resources =/= “people”.

---

<div class="post-metadata">

**Author:** ![Beadalin](https://avatars.discourse-cdn.com/v4/letter/b/3be4f8/32.png) [@Beadalin](https://boards.straightdope.com/u/Beadalin)\
**Post date:** [May 22, 2011, 2:24pm UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/47 "2011-05-22T14:24:17Z")

</div>

> [@etv78](#):
>
> So you agree people should NEVER trust each other, that they are ONLY out for themselves! If so, I guess I was right all along.

Dude, Human Resources seriously are not there on behalf of the employees. They act on behalf of the company, always always always. In some highly specific circumstances, the interests of an individual employee and the company align, but that’s pretty rare. HR is there to hire people, fire people, and keep current staff as needed while minimizing risk to the company. That’s it. They are not the employee’s friend. It has nothing to do with trust. It has everything to do with HR existing to protect the company.

---

<div class="post-metadata">

**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [May 22, 2011, 3:36pm UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/48 "2011-05-22T15:36:59Z")

</div>

Here is your recourse, and this is not risk free. Talk to your boss…

“Hey, Jim. Your wife asked me about my recent illness. I appreciate the concern, but I’m really a private person and I’d appreciate it if you didn’t discuss my health with anyone but me. Not a big deal or anything, just not comfortable with it. Thanks.”

The risk being, of course, that your boss will take even this gentle reprimand badly, and you’ll find yourself on the unemployment line at some point in the future.

Additionally, in the future if you need a doctor’s note, have your doctor write “catmom needs to take a few days off work for medical recovery.” Don’t be surprised if the boss’ wife hears about your illness and pries. She may be one of those “really concerned” people - or she may just really “need to know.”

You have no legal recourse. Your recourse is to ignore it, quit, or bring it up.

---

<div class="post-metadata">

**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [May 22, 2011, 3:41pm UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/49 "2011-05-22T15:41:06Z")

</div>

> [@Really\_Not\_All\_That\_Bright](#):
>
> The cost of lawsuits is borne by the employer’s insurer, not by the employer itself. General liability policies don’t take into account risk experience issues like employee lawsuits, those being a very small part of doing business.

Though liability insurance will get very expensive very quickly if you treat your employees poorly enough that you end up in court a lot. Its like car insurance - if I wreck my car, I won’t pay to have it fixed - but I’ll pay more in insurance premiums. If I wreck it again in a short space of time - insurance is going to get really expensive.

---

<div class="post-metadata">

**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [May 22, 2011, 4:14pm UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/50 "2011-05-22T16:14:31Z")

</div>

Though that’s true as a general proposition, that’s not true in this particular instance. Read the second part of my post.

---

<div class="post-metadata">

**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [May 22, 2011, 5:31pm UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/51 "2011-05-22T17:31:30Z")

</div>

> [@Really\_Not\_All\_That\_Bright](#):
>
> Though that’s true as a general proposition, that’s not true in this particular instance. Read the second part of my post.

Yep, agree. Just want to make it clear that corporations still have a reason to try and avoid liability, even with insurance.

(Or in my case, our city government, who almost lost their insurance when our own little tea party city council did some very illegal human resources actions.)

---

<div class="post-metadata">

**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [May 22, 2011, 6:37pm UTC](https://boards.straightdope.com/t/hipaa-laws-and-me/582640/52 "2011-05-22T18:37:33Z")

</div>

Things are a bit different for governments. They generally either self-insure, in which case they obviously do have a vested interest in avoiding lawsuits, or insure through state exchanges, which can require them (and usually do, by statute) to refrain from stuff that might get them sued.

[Previous page](https://boards.straightdope.com/t/hipaa-laws-and-me/582640.md?page=2)
