Detroit, MI asked in Employment Law for Michigan

Q: I am a home health aide. My employer disclosed my medical information to a client I work with is that legal?

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: Generally, an employer cannot disclose an employee's confidential medical information to a third party, unless it has the employee's permission or the disclosure is for a legitimate business interest of the employer. Some legitimate business interests, are, for example, for the employer to obtain payment for a claim under a health insurance policy, or a workers compensation policy. But even when it is authorized, the employer must disclose the minimum information necessary to achieve the business purpose.

It seems questionable why a home health client would have a need to know, or why your employer would feel it necessary to share confidential medical information about you with a client. Without knowing more, it's possible that you could have a claim against the employer under Michigan law or under federal law, such as HIPAA.

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