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To: The Great RJ

HIPPA is to protect the employer, not the employee.

The employer is under no obligation to keep any and all health information private.

I ran into that with my youngest. My employer was telling potential employers “Red’s daughter was in the NICU don’t you know!”

Nothing I could do about it. Talked to a few lawyers and they all said they would not take the case. My only avenue was to say that company X did not hire me because of that information, but it is a high hill to climb to prove that.


19 posted on 10/18/2021 5:16:54 AM PDT by redgolum (If this is civilization, I will be the barbarian. )
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To: redgolum
HIPPA is to protect the employer, not the employee.

The employer is under no obligation to keep any and all health information private.


Huh? Actually, HIPAA is to protect the consumers' or employees' information, not the employer or business. Certain business entities that retain PHI (protected health info) CANNOT disclose said information to third parties. If your employer is not a covered entity under HIPAA, or what happened wasn't a HIPAA-related occurrence at their business, then HIPAA doesn't apply to the employer.

Now if your employer was a hospital, and your daughter was born there/in their NICU, then yes, you'd probably have a HIPAA case. But outside of that specific circumstance, HIPAA would most likely not apply.

Side note, I fail to see how your daughter having been in the NICU would be detrimental to you and potential employers...? How is that even related?
39 posted on 10/19/2021 11:05:00 AM PDT by Svartalfiar
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