Can management share my personal health information?

I work at a hospital. I am aware of HIPAA laws, but was wondering what are the laws concerning my records as an employee that Employee Health has? Are they permitted to talk to my manager regarding something that I called to discuss with them such as the possibility of having a disability? I was diagnosed with narcolepsy and am concerned with losing my job as I am about to be fired for tardiness and I feel it’s related to my diagnosis. I called Employee Health to discuss and found out that they turned around and called my manager about it. Have my rights been violated?

Posted 02-09-2011

Ann Kiernan replies:

As far as I can tell from your question, HIPAA, the Health Insurance Portability and Accountability Act, does not apply here, but the Americans with Disabilities Act does. Once an employee discloses that she has a disability and asks for help, as you have, the employer has a legal obligation to engage in an interactive process to see if there is a reasonable accommodation that can enable the employee to perform her job duties. That may be what Employee Health was doing in contacting your manager.

The Job Accommodation Network, a service of the Department of Labor’s Office of Disability Employment Policy, has a number of suggestions on how people with narcolepsy and other sleep disorders might be accommodated at work at http://askjan.org/media/sleep.html. You may want to speak to your doctor, then work with your employer to see if there is an accommodation, such as change in starting time, that will enable you to be successful at work.

Good luck.

 

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.

2016-11-18T16:00:41+00:00

About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.