Has the State health department violated my HIPAA rights?
Question by Camnkenzie: Has the State health department violated my HIPAA rights?
Without dragging the story out, I was out of work due to a gallbladder illness and awaiting surgery when the doctor discovered that I had shigella. I took antibiotics and went in for a bloodtest a few days later. The blood tests came back clean and the postponed surgery was completed. Then, the next week, I returned to work and, at the end of the day I received a call from the state health department telling me that I could not return to work without having 2 stools samples test negative for shigella and that blood tests alone were inconclusive. (The Dept was tracking an outbreak of this disease in my county, which was why they had the records and my name in the first place I’m assuming). Now, I had not told my employer at the daycare that I work at that I had shigella for I was out the week I contracted it AND a week after I was pronounced clean by the blood test so I felt since there was no exposure then there was no reason for her to know. Ironically, I worked on monday and by monday evening I had strep (not because of the daycare but a well meaning family member who had stopped by to see how I was after my surgery) and was not able to go in to work on tues or wed. On Wed night I receive a phonecall from my boss saying the health department had showed up at work and told her that one of her employees had shigella and could not come back until proven clean or they would shut her down for exposure. The only information that they did NOT give her was my name, though they told her I had a child that went to the same daycare and where I lived. Of course my boss was livid for me not telling her I had contracted this disease but it didnt seem necessary since I wasnt at work the week of nor the week after nor had the hospital told me anything at all about the stool samples being needed. She told me she was thinking of firing me for putting her in that position, even unwittingly, and now I want to know if the health department violated my hipaa rights by giving my employer medical information and personal information without my consent. I’d also be curious to know how much trouble the hospital should be in for failing to affirm my illness was gone and going so far as to not tell me that is was needed in the first place. I have been put through the wringer on this and need to know my rights and how to protect myself from joblessness. Please, any legal advice will be most appreciated.
Best answer:
Answer by INSOMNIAC
NO, it is permissible for them to release the info in the interest of public safety, the children.~
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