I was injured last Thursday @ work. Was sent to the Clinic for D/A testing and exam. Dx is hernia.Follow up today and my work is acting weird. 1st, they dropped the ball and let me drive myself to clinic.Today insisted I be driven to clinic.No Prob. BUT, manager walked into exam room w/me. I said I was uncomfortable with his presence and ask him to talk to Dr after. He insisted to stay and said since I was a Wrkers Comp case He had to stay as a agent of works Insurance carrier? He is neither a MD student or worker for company insurance.I felt violated and conferred w/DR. to ask him to leave. DR then made him leave!
I #1 felt this was an invasion of my privacy and #2. Felt he had no legal matter being in the exam room with me while I was getting a follow-up.
Was HIPAA violated here?
Can he do this? I have surgery lined up next week and he wants to go to the consult w/surgeon!
Help Fast…thx
He could ask and if you and your doctor said no then he must leave.
I asked him to leave the moment I/we got in the exam room. He stated he needed to be there as this was a Wrkers Comp. injury. He stayed while nurse took vitals,asked prelim questions. Then nurse said wait for Dr. and tell him the issue.
This does not mean he has any right to be in the room with you, nor does it actually mean he has any right to the information. He has the right to ask, and your refusal to give him the information he “needs” may affect your ability to get worker’s comp.
Your memo like writing style is terse to the point of being garbled, but if I follow you correctly your work manager wanted to be in the medical exam room with you while you were being looked at and wanted to consult with the surgeon as an agent for the company prior to the surgery?
It sounds insane. Do you have an HR department?
As far as I understand it, in worker comp cases there is an established process to provide your employer the information they need, and in no way does that include sitting in on health care encounters. I’m not sure who would be “officially” responsible for calling them off, but if you want to go that route you might start by contacting the local Worker Comp office or L&I.
It sounds like your Des are ding the right thing. Since the Dr made him leave, and (I hope) rebuffed any further inappropriate requests for access or info regarding your health care, I’d say it’s an instance of HIPPA compliance on the part of the MD office.
Astro, sry was written in the early am. But, yes, my direct manager wanted to sit in on the exam. He also stated he will be there Monday when I have a consult with the surgeon. The company is more then welcome to paperwork as it is a WC injury. I just see no reason for him to be in the exam room?
That’s cuckoo for Cocoa Puffs. The employer is normally entitled to various reports from the medical provider as to the nature and extent of the injuries. Being physically present in the same room for medical exams and consulting on surgical treatment is so far beyond the scope of that involvement that the only conclusion is that either your manager is completely misunderstanding how the WC process works, or he has some significant mental issues. The only other conclusion is your workplace is telling him he has to do this and if that’s the case you need to take your concerns to a higher level.
Is the manager a native speaker of English?
First - yes, the whole thing seems odd and I can’t imagine a reason for your Mgr. to be there except under suspicion of fraud. And even then their approach doesn’t seem entirely above board.
However…
It isn’t necessarily a privacy issue/violation. Depending on how your employer’s work comp is funded (self vs. fully), your employer could possibly have staff who may have access to protected health information (PHI) relating to the ordinary course of business (meaning administration of the work comp plan - not the ordinary course of the company’s business). If your Mgr. is acting in this regard, they are bound by some fairly strict privacy regs. They are (supposed to be) subject to disciplinary action and sanctions for improper use or disclosure of any PHI. In addition, if this is the case, you have the right to know who, if anyone, at your employer has or should have access to private medical information and that the use/need of/for that information is REQUIRED for them to function in a capacity as an “agent” for that plan.
Edit to add - and even in a legitimate capacity as I have described, they do not have the right to be present at any of your visits unless you allow it.
HIPAA gets a little funny when worker’s comp stuff is involved; your employer is entitled to know some degree of detail both about the diagnosis and the treatment, although they’re not privy to your background questionnaires or other non-work related information.
Generally this is covered by reporting by the medical providers back to the employer in very circumscribed ways; having your manager with you is not standard as far as I’m aware.
So now corp. HR Says that since it is WC related HIPAA is not covered. We at least agree my Mngr will not be in exam room with Surgeon but HR excuse for mngr being there is in case I miss any info and do not relay info to company? Sounds fishy
Get a workman’s comp attorney.
Anything the company needs will be provided for them in paperwork form. Hr should know this. The doctor’s admin should know this.
Get a workman’s comp attorney.
Definitely fishy. The doctor can provide legal documentation of the nature of your injuries and any limitations they may cause for workmens comp purposes. It is not up to you to relay those, the doctor will, in writing. Your manager, unless he is another MD does not get to make his own call contradicting that diagnosis.
My guess is he feels you are not really injured as badly as might be suspected and wants to fish for legal wiggle room in your discussion with your doctor.
So you are saying get a workman’s comp attorney?
I don’t know where the OP is. I had a workman’s comp case a number of years ago. Mine was pretty standard. I broke my hand at work. When the claim went through later I went to the lawyer’s doctor. He said my hand was 90% disabled. I went to the employers doctor and he said my hand was 0% disabled. Then the lawyer talked to the employer and they agreed on 25%. Then they went to the chart and came up with an amount. The lawyer was paid a flat rate set by the state for such cases. I never had to pay them directly. So if the OP is worried about the cost he should look into it. It may not be as bad as you think.
Very fishy. HIPAA is a law and your employer and health care provider need to meet the requirements of the law, insurance ‘covers’ or doesn’t ‘cover’ various procedures, but HIPAA is not insurance and applies in some form or other to virtually all health care provided in the United States (less to worker’s comp issues than to non-work issues, as other posters have noted.)
This may prove helpful: HIPAA What to Expect | HHS.gov
Your boss does not have the right to sit in on sessions with your health care provider.
Or, rip2131, you are really hot and your boss is hoping to see you naked.
Bob
Here’s a good summary from HHS on HIPAA and disclosures for workers’ comp.
All of it speaks in terms of disclosing documentation. Workers’ compensation insurers are not covered entities under HIPAA, but providers working with insurers may be subject to HIPAA privacy rules and must, at the same time, comply with any state requirements regarding workers’ comp.
I find it hard to believe that a medical practitioner would allow someone to be present at an examination without your consent. If the physician’s office treats workers’ comp cases frequently, staff may be able to point you to appropriate resources for your state.
There may also be resources available online from whatever agency in your state regulates workers’ compensation insurers. This varies wildly from state to state.
I’m a manager and I would never even think about asking to sit in on an employees exam.
Funny one Bob, at least I got a laugh out of this.I told HR I won’t allow Mngr to sit in on consult with Surgeon on Monday. HR reasoning for all this BS is they dropped the ball 1st day on injury. Company should have drove me to Dr office. They say the spotlight is on my location on how things are held from now on. Parent Company don’t like any recorded injurys and the faster I get back to FT work, post surg,is all a numbers game. Will see how things go Monday.
- mngr and myself have a great relationship and he said that he was glad I declined his presence in exam room.