Alameda, CA asked in Medical Malpractice for California

Q: Are non-medical organizations bound by HIPPA law?

If say “jim” is exposed to COVID-19 and tells HR can HR tell “jim’s” co-workers that “jim” was exposed to COVID-19 or would that be a HIPPA violation?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: It is not legal for an employer to disclose confidential medical information about an employee. The employee would have claims against the employer under a number of laws, possibly including HIPPA. It would depend on the circumstances, clearly just blabbing it to co-workers is not allowed. The proof is going to be in exactly was was disclosed, both by Jim and by the employer. "Exposure" is not usually considered a medical condition, however, in this particular case the law may be a little unclear, given the current social stigma regarding being "exposed."

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