Q: Can a OHS tell my employer I'm currently sick because of stress and anxiety in his report ? Isn't it confidential info?
I'm currently in sick leave long term for depression since two months, I had an interview with Occupational Health Advisor two weeks ago and she told me everything was kept confidential during the interview, that she will make a report to my company regarding the fact I'm fit for work, and I received by mistake yesterday this report from HR from this OHS directed to my direct Team leader, in the report the OHS divulge the fact I'm victim of anxiety and stress, this is for me confidential info as it is related to my mental conditions, and it can affect my career, could you tell me if I can start a trial against this OHS or my employer ? There is for me a breach of confidentiality.
A:
HIPAA makes confidential health information protected unless a person authorizes the release of such information.
Health care professionals, especially ones who are licensed by the New York State Department of Education or the Department of Health know or should know that. Any person who believes that a licensed health care provider no matter who that person is can file a complaint with the registering or licensing state agency. If you are certain that a licensed health care provider disclosed confidential information then you are entitled to report it to the authorities.
If on the other hand an employee from your organization violated HIPAA regulations then you should notify your HR department about the violation, preferably in person, in writing, and share your concerns with HR. HR will or should take steps to make sure this does not affect your career and will not happen again.
You should not suffer adverse consequences on your job because of this. Remember that every plaintiff must prove damages. For example a person who is not promoted or who loses their job can show lost income and therefore damages. Everyone has to prove damages and from your facts you are still not at that point but do have a legitimate basis to make sure this never happens again. Good luck.
Barry E. Janay agrees with this answer
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