Q & A
What are your rights to patient privacy?
Full Question: “I work for a Fortune 500 company and I went out on disability. I had been sexually assaulted (off the job) and suffer from post-traumatic stress disorder. I have become extremely anxious and depressed. I filed for time off work and requested short-term disability. I gave a limited authorization for my doctor to say what my condition was and how much time off I needed. Without my permission, my psychiatrist told my employer about the assault, and now my co-workers have found out. He also told my employer I have been drinking more. I never told him he could disclose the assault or my drinking. He was just supposed to release the limited information the disability company needed. I am mortified and embarrassed. My employer is demanding that I go to rehab. I am really angry at my psychiatrist and my employer. Can they do this?”
Answer: You have been through a horrible experience and I understand why you would be upset. In California, the Confidential Medical Information Act Civil Code Section 56 states that any provider of health care, a health care service plan, etc., must hold a patient’s medical information private and shall not disclose such information without first obtaining an authorization or meeting statutory exceptions. Section 56.11 details requirements for valid authorizations, including that they must be handwritten or typed in language clearly separate from any other language, and properly signed and dated by the patient or the patient’s designee. Read more…
Source: http://www.sfexaminer.com, October 17, 2013