disclosure of patient/Dr. confidentiality and harrassment

[Belle]

My husband and son (29yo) both work for the city parks departments. My husband's boss deliberately turned his attention away from the topic intended, and complained about my son (in another department) using my son's(mike) mental health's counselor's statement - and in front of another person who, before that time, knew nothing about the issue. Mike's issue had absolutely nothing to do with the scheduled (Safety) meeting! But the boss brought it up out of no-where to take the pressure off himself. He threatened to fire Mike.

Nonetheless, Mike's mental health issue is totally manageable, and he is completely capable, high functioning, skilled as an arborist, and a hard worker.

Wasn't my son's dr./patient confidentiality violated? If they fired him based on that report - wouldn't they be violating the equal opportunity law? He worked for them for 5 years before this came up.

thanks
Belle

 

[cbg]

You have a couple of separate issues here.

Your husband's boss is not your son's doctor. Therefore there is no doctor/patient confidentiality involved. Additionally, most employers are not subject to HIPAA at all, and for those who are, with limited exceptions that do not apply here only information obtained through the employer's group health insurance plan is protected. So unless that is where your boss got the information about Mike's condition AND the group health insurance plan is self-insured, HIPAA does not come into the picture at all.

If Mike is fired SOLELY BECAUSE HE HAS a mental health issue, Mike would have legal recourse. If he is fired because of performance issues that are caused by the mental health issue, UNDER THE CIRCUMSTANCES YOU HAVE DESCRIBED he would not.

 

[Belle]

thanks cbg. I don't know if I explained my concern well enough. I was concerned that the boss/director brought up my son's condition at all, and in front of another individual, and as a weapon against my husband's unrelated claim for the safety report. I guess that would not be dr./patient confidentiality - but slander? or just very poor taste? Or is there perhaps some other legal action we can take against this jerk?

No, his performance is not affected at all by his health issue.

Belle

 

[cbg]

Very poor taste. Bringing his condition up in front of another employee was rude but does not provide Mike with any legal recourse.