@Kaveh wrote:
Just out of curiosity, I think it’s up to lawyers to answer this but consider below scenario:
Let’s say I go to office and one of my coworkers realizes I have definite signs of Coronavirus! She starts to spread the words and soon everybody knows I am infected…`
Now, the way she handled the situation, my personal health information was shared and exposed … everyone knows I have this certain medical condition. She could have come to me (well, would you?) and advise me to go home, and hope that I go, and then discuss my condition privately with HR? what if I didn’t leave the office, what if she didn’t tell everybody? All my colleagues would be exposed to disease and this could even turn to a disaster and push office to shutdown for 2 weeks and huge impact on business!
But what about my privacy? I could have had my treatment privately and come back to office after 2 weeks, but now, everybody probably is going to avoid me and all meetings I am involved are canceled, nobody wants to be near me!
Did she violate HIPAA privacy rule, or she just saved the company from a disaster? What would be the best course of action?
Wow, this is loaded. First, if one employees realizes that you have symptoms of a specific disease, are you jumping to the conclusion that others would not also arrive at the same conclusion. Second, if you do have a disease such as Coronavirus, why are you showing up some place that you could infect others.
Based on your scenario, anyone that suggests that I stay away from a person that has a cold or flu, may have broken a law or are they just watching out for my well-being? I think (MHOO) they may be looking after my health.
I suggest that your example may be invalid. Had you said that you have Cancer and the person relates that information to others, they may in fact be in violation of certain laws.
I am not as familiar with HIPAA as some others here, but my understanding is that it relates to patient data (administratively, physcially and technically ) or are they your direct supervisor?. If not a patient and they are not your direct supervisor, they may have broken some other law but I don't think HIPAA is the right one maybe under Human Rights.
In Canada, as a supervisor, I am not allowed to ask questions about a person's health (that information is private and can only be requested by the Medical department (if there is one) or the Insurance company paying them). So if one of my employees is off on leave, they only have to provide a doctor's note stating they are under the care of a physician and they will not be at work. I am not allowed to know the diagnosis.
In your case, you mention specifically that there are outward signs of illness. In this case, as your supervisor, I would immediately send you home. I would also alert my medical department (if there was one) and also HR.
The intent of HIPAA in the workplace is to protect employees from sharing health information and disclosing information with people who do not legally need to know that information.
But as you say, the lawyers are probably better placed to answer this question and what law, they may or may not have broken.
Others?
My nickel Canadian
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