I have been having a difficult first pregnancy (Only 7 weeks pregnant). I told my boss only a week ago that I was pregnant, because I have been having complications & forced bed rest (only 2 days of bed rest). I returned to work today, and received a phone call from a vendor. This vendor totally ripped me a new one about how I should be at home in bed to protect my baby! I was shocked. I have told only my closest relatives that I am expecting, and only my mother and my husband (besides my boss) know that I am having problems. Is it legal for him to disclose this kind of information? I feel totally violated. I live and work in California, if that is relevent. Thanks!
2006-09-26 13:45:22 · 13 answers · asked by Heather 1 in Politics & Government ➔ Law & Ethics
Those who've answered that it's a violation of HIPAA are incorrect, under the circumstances you've described. Your boss is not a health care provider or the recipient of confidential information from your doctors/health care providers, which is what HIPAA covers.
He's acting like a jerk...but he's not violating HIPAA.
2006-09-26 16:40:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I'm kind of torn on this one.
The one thing I'm sure of is that it doesn't violate any HIPPA laws, because those laws are designed to protect doctors from lawsuits if the government ever wants any information from them about a patient's situation.
I don't *think* it's illegal for your boss to have done that. I'm not even sure it was in poor taste. I'd have to know more about your boss.
Is he normally a gossipy guy who enjoys spreading the latest breaking news about other employees? If he's not, I would bet that the convo between him and the vendor went more along the lines of:
Vendor: Hey, where's Kathy today?
Boss: She's out for a couple of days. She's a few weeks pregnant and there's some concerns about the baby so she's on bedrest.
Vendor: Oh no! I sure hope everything's ok.
Boss: So do we.
I found many things objectionable in my pregnancies - one of the worst was people who *always* thought that their view of things was an irrefutable fact and that I should be grateful for their input. I usually wasn't. BUT - looking back on it a couple of years later, I can understand that *most* of them offered their opinion out of concern. Maybe it will make it easier to handle people's opinions if you see it that way :)
Unless your boss is known to be a gossip, and if he was you should have made it very clear that this was to be kept confidential, I would guess that he assumed since you were trying to keep the baby safe that you didn't care if other people knew. I don't think guys "get" that part of being a new mom. It should have been your right to announce the good news when you were ready.
But maybe this can be chalked up to bad judgment on his part. And a lesson for you - this man needs to be told anytime you speak with him about something you expect to be confidential that you expect it to be kept confidential ;)
Congratulations on your pregnancy and best of luck. One of the best sites I found when I was pg was http://www.babyzone.com/ They have all different chat rooms and bulletin boards there. I joined Due Date Clubs and ended up loving some of the other bb's there. The women are fantastic and many of them have been through the same thing you're going through now (with the bed rest and troubled pregnancy) You should check it out :)
2006-09-26 14:24:48 · answer #2 · answered by tagi_65 5 · 0⤊ 1⤋
Not to make you upset or anything, but you should really think about what's truly bothering you and address it, a first pregnancy can be very difficult, you get morning sickness, and all sorts of stuff, try to be aware of the fact that you will be very sensitive to things, a lot of little things will bother you, if you are not careful you will end up getting a lot of people feeling they don't want to have anything to do with you if you don't watch your reactions.
Pregnant women become very irritable and a lot of things will make you cry, you need to be aware of this and do something about it by self control and mostly with your emotions, because if you end up hurting others with your words or actions mainly your husband, you won't be able to take it back.
I really don't think you've been violated, if you didn't want anyone else to know, you should've told your boss to keep it confidential, I don't think he or she mean any harm. You are not in the mood for outsiders to tell you any kind of nonsense and I understand you can be a very private person, it's not really a bad thing, being pregnant, after all you are married and have nothing to hide, what is the worst that can happen if others know, you'll be showing your tummy soon, it is inevitable, pregnancy is a beautiful thing. Don't let things get to you. Otherwise very few people will want to be around you and what's it all about? Don't you want a baby shower and people to compliment you and show you love, or do you want people to think oh I better stay away from her she is a grouch!!
If it does bother you a lot, tell him or her very directly that you'd rather keep your affairs private, especially on such type of issue because it is a sensitive issue and people need to adhere to rules and regulations, code of ethics at work etc. if you have a manual refer to it and make a copy, (this may cause him or her to resent you later) so think about it or if you work for a corporation go to his boss, that will also bring negative feelings about it, it is never good to complain about your boss, I've learned this a few times before I became self employed,
2006-09-26 14:00:02 · answer #3 · answered by You are loved 5 · 1⤊ 0⤋
Your health is a matter between you and your doctor.
You manager will need to know if it impacts your work schedule, but he has NO right to tell anyone else in your office, suppliers or customers. It is your right, and your's alone, who you decide to tell.
You should tell your boss that your health information is a completely private matter and may not be disclosed to anyone else, except perhaps human resources dept. Tell him exactly what happened when your vendor called you - your boss owes you a big apology.
(If he doesn't get it, tell him to re-read the personnel policies manual.)
BTW, I hope everything goes very well for you and your baby.
2006-09-26 14:00:40 · answer #4 · answered by Tom-SJ 6 · 0⤊ 0⤋
No, this is not illegal but it is definitely unethical. This shows an extreme lack of wisdom and maturity and you should as calmly and clearly as possible speak with this person and tell him or her that you would appreciate it if your personal life remained personal. Let your boss know that this information was given in confidence and you were highly offended to learn that others have been told of your situation without your consent. Also, ask this person to please respect your privacy in the future.
2006-09-26 14:41:10 · answer #5 · answered by Bethany 6 · 0⤊ 0⤋
Dont worry about all that" your moody" stuff. You've every right to be annoyed. The fact that you feel "vioated" says a lot, and its not ok for your boss to set you up like that. If youre a private eprson, that sort of thing could be devastating. I would talk to a lawyer. If you don't want to take things to the extreme, talk to them anyway and see if they have suggestions on how to deal with it legally. Maybe ask a counselour for advice on how to deal with it interms of telling your boss how much it upset you.
GL
2006-09-26 15:17:13 · answer #6 · answered by ChaChaChingThing 2 · 0⤊ 1⤋
Seems like he would only be guilty of of having a big mouth. It's not a legal matter. If he knows your medical condition, its because you told him. He is not your attorney, nor your doctor. He has no obligation to be silent. But you should tell him that you would appreciate him not discussing your medical matters with people whom it doesn't concern. In fact, if you call in sick, they shouldn't even be asking what the problem is.
2006-09-26 14:09:22 · answer #7 · answered by Speaking_Up 5 · 0⤊ 0⤋
HIPPA laws!!!!! The boss violated them by disclosing medical information to people. I would be discussing that with some of his/her supervisors. . . Your boss can be sued by you, as can the company you work for. I would be very surprised if after telling someone above your boss that your boss has a job afterwards. It is against the law what your boss did.
2006-09-26 13:59:55 · answer #8 · answered by volleyballchick (cowards block) 7 · 0⤊ 3⤋
I don't really know the answer to this question but I am thinking people asked about you out of concern and he told them out of concern. Just tell him that you would rather he didnt talk to people about it because you don't want to talk to others about the problem you're having. Hope everything turns out good for you and the baby.
2006-09-26 13:48:38 · answer #9 · answered by 51ain'tbad 3 · 1⤊ 0⤋
Absolutely NO!. That is a violation of your privacy rights under HIPAA. And you can file a complaint against him for doing so without your consent. Please go to the sight below to read about your rights. This is a Federal Law; therefore, it doesn't matter which state you live, this still applies to you
2006-09-26 15:54:32 · answer #10 · answered by Karen N 2 · 0⤊ 1⤋