Q: Would my employer listing my medical diagnosis on termination papers be a violation of HIPPA or ADA?
I was recently terminated from a rather large health insurance company for supposedly not being truthful during a compliance investigation. During the investigation I told the compliance department that I had ADD. On the termination report I received it specifically lists that I told them that I was diagnosed with attention deficit disorder. Two supervisors, a manager, a senior supervisor and no telling who else has seen this report without ANY written permission for my diagnosis to be released. At the bottom of the paper it also states for the form to be faxed to the HR department. Is this a violation of HIPPA or ADA?
A: No, I don't think so. You write that you told the compliance department about your condition during a compliance investigation. Thus the information disclosed doesn't appear to pertain to any medical treatment you had received. As you know, the HIPAA rules generally only apply to information from medical care providers; HIPAA doesn't apply. Likewise, the Americans with Disability Act (ADA) doesn't apply either. Results from a compliance investigation (I assume this relates to compliance with company rules on the part of company employees) may certainly be sent to company HR departments; after all, that is what compliance investigations are all about.
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