We had a company-wide meeting yesterday about some changes in HR practices.

48 Comments

1. AnonymousJuly 21,2022 at 2:26AM UTC

   What kind if claims?

2. AnonymousJuly 22,2022 at 5:12AM UTC

   Everything - medical, optical, dental, etc.. They dont specify what the claim was specifically made for, but the amount of claims made is stated with our names and balance for the year. That said, I feel that this will stir unwanted drama especially if some people claim more than others.

3. AnonymousJuly 21,2022 at 4:55AM UTC

   If PII was released that has legal implications

4. AnonymousJuly 23,2022 at 2:10PM UTC

   Not a HIPAA violation unless the company was a covered entity.

5. Joan Williams, Senior Talent Acquisition SpecialistJuly 21,2022 at 5:20AM UTC

   What kind of claims? Health insurance? Was confidential HIPAA protected information released?

6. AnonymousJuly 22,2022 at 5:12AM UTC

   Everything - medical, optical, dental, etc.. They dont specify what the claim was specifically made for, but the amount of claims made is stated with our names and balance for the year. That said, I feel that this will stir unwanted drama especially if some people claim more than others.

7. Joan Williams, Senior Talent Acquisition SpecialistJuly 22,2022 at 7:25AM UTC

   I'm not sure why this would cause drama if some people claim more than others.
   Unless that's the kind of company you work at. Who cares about other employees personal medical claims - I certainly never have. OF COURSE some people are going to claim more than others. In what world would everyone's health insurance claims come out to be the same. Your health is your health, your claims are whatever it takes to address your healthcare needs.

   What I WOULD care about is my company sharing that VERY personal information with my co-workers because that is none of anyone's freaking business but mine. Not cool, not cool at all.

   If this was me, I would be contacting my State Labor Board to find out if this is something they handle (if not them, who?), is this is legal and what could be done.

   I have never heard of such a thing being done. And for the life of me, I can't imagine why this was done. Certainly no good reason.

8. Kathleen LeCheleJuly 21,2022 at 11:52PM UTC

   claims? What type of claims? If these are Health Insurance- LOA-Workers Comp-ADA claims that is against HIPPA and that is a law suit.

9. AnonymousJuly 22,2022 at 5:11AM UTC

   Everything - medical, optical, dental, etc.. They dont specify what the claim was specifically made for, but the amount of claims made is stated with our names and balance for the year. That said, I feel that this will stir unwanted drama especially if some people claim more than others.

10. AnonymousJuly 23,2022 at 2:09PM UTC

    Sigh... people really don't understand HIPAA.

11. AnonymousJuly 22,2022 at 12:21PM UTC

    I would get legal advice

12. AnonymousJuly 22,2022 at 1:14PM UTC

    This would be a PII violation and even more so if you have employees in states like California or New York or Colorado. This needs to be reported immediately to your legal team and then need to get IT involved to remove access from anyone who was sent this information.

    It really doesn't matter what their logic was for sharing - it is unethical to share such information and sadly with COVID, mandates for vaccines - there has been "grey" areas which allow information to be shared without ramifications.

    They also need to look at the state specific laws like in Texas and Tennessee which have eliminated the loopholes in HIPPA so they could be in more trouble legally regardless of retract access and may be required to compensate employees for this breach.

13. AnonymousJuly 23,2022 at 2:08PM UTC

    HIPAA only applies to covered entities, like hospitals. It does not apply to all companies or their employment records. This is likely not a HIPAA violation.

14. AnonymousJuly 26,2022 at 12:53PM UTC

    So I want to clarify, in certain states this loophole you mentioned has been eliminated and makes it a HIPPA violation.

15. JYJJuly 22,2022 at 1:44PM UTC

    Why on earth would they do this? I would contact my Department of Labor. This has potential legal implications. It is NO ONE'S business how many health claims anyone is filing, let alone co-workers.

16. Tomilyn RichardsJuly 22,2022 at 1:47PM UTC

    That is a NO NO... and I would be very concerned at any company that does this.

17. AnonymousJuly 22,2022 at 7:27PM UTC

    PII????!!!!!! Being Released ??????!!!!!!!

    I smell litigation

18. AnonymousJuly 23,2022 at 2:07PM UTC

    PII! Being released by a non-covered entity!! Is totally legal!!!

19. JenniferJuly 23,2022 at 6:12AM UTC

    Why on earth did they do this? Like what was the business reason/justification?

20. GirlBossanova934974July 23,2022 at 12:25PM UTC

    This strikes me as a pretty clear HIPAA violation. Unfortunately, there are some managers working for smaller companies or smaller organizations who are untrained who violate labor laws and then later are called in by company lawyers. The company lawyers then get the unfortunate job of crafting large out of court settlements. If you wish, here is the URL for reporting HIPAA violations. https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf

21. Brown’s PondJuly 23,2022 at 12:42PM UTC

    they arent releasing medical info and even then, they aren’t a medical facility or insurance company so hipaa is irrelevant. Now it is a violation of a privacy policy the company probably has in place as well as federal laws

22. AnonymousJuly 23,2022 at 2:06PM UTC

    HIPAA only applies to covered entities, like hospitals.
    It does not apply to all companies or their employment records. This is likely not a HIPAA violation.

    Also, you claim it is a violation of labor laws. HIPAA is not a labor law. Is there some other law to which you're referring?

23. AnonymousJuly 23,2022 at 12:32PM UTC

    This reminds me of the episode of the Office where Dwight has to pick the health care plan and everyone is forced to write their health conditions on a list. This is an invasion of privacy and illegal. Unless you want every mole you have removed to be broadcast to the company, it’s time to look for a new job. What if your spouse or child needs medical attention? There are so many things wrong with this it’s ridiculous. I hope someone sues!!!

24. BethBJuly 23,2022 at 12:40PM UTC

    Does your company self insure? That may be why they have the list. Regardless, It’s entirely inappropriate to circulate that kind of information company wide. It’s not about drama because some use it more. It’s about what those records show. Someone at your company doesn’t understand HIPPA and possibly the ADA.

    You may want to think twice about working for a company that has so little regard for their employees and for their legal obligations.

25. AnonymousJuly 23,2022 at 2:05PM UTC

    HIPAA only applies to covered entities, like hospitals. It does not apply to all companies or their employment records. This is likely not a HIPAA violation.

26. BethBJuly 24,2022 at 12:08AM UTC

    Thanks for adding this info.

27. AnonymousJuly 23,2022 at 12:48PM UTC

    PHI is tricky to determine in this case.
    To be honest, everyone already knows each other’s names, so releasing that information may not be a violation (note: not an attorney). If no other additional information was released with it - there is nothing that someone couldn’t argue wouldn’t be in a company directory.

    As for the claim information, PHI would say that it was released in aggregate form, not individually. As in - Mary had $8k in medical claims, $1200 in vision and $4k in dental. If nothing was broken down and everyone in the org was on there, it could be argued that it was released for transparency or to show where health insurance money is going (that the company is paying for, perhaps if they are talking about an increase in the next year).

    Questions:
    Is it an employee funded plan?
    how much do employees pay vs the company?
    Is it around enrollment time so the org is trying to show how/why costs might be increasing?

    I am not saying this was the best course of action, just saying that it doesn’t sound like releasing numbers without any actual information on claims violates HIPAA (your company os not a medical provider) or has released PHI.

    I am still curious about their reasoning. I am sure it leaves a bad taste in quite a few employees’ mouths, just like it has for you.

28. AnonymousJuly 25,2022 at 2:04AM UTC

    I totally agree. While I dont think I can make any claims of violation of law here, it still doesn't make any sense why they would do it. If it is just to show cost increase, why put the employee names on display? This will for sure stir up unwanted drama.

    I have not brought up my concern to the HR team as yet because I worry they might publicly humiliate me by addressing my question in front of the whole team

29. AnonymousJuly 23,2022 at 1:21PM UTC

    I have never responded to a post before but this one got me. I have a rare medical condition that cost a minimum of $2,000,000 per year to treat. Yes two million. I am sure it affects my companies insurance cost. No I don’t want others knowing.

30. AnonymousJuly 23,2022 at 1:21PM UTC

    No it's not ethical and it may violate employees with disabilities protections.

31. AnonymousJuly 23,2022 at 1:48PM UTC

    This could potentially be a HIPAA and ADA violation.

32. AnonymousJuly 23,2022 at 1:50PM UTC

    NO NO NO NO NO! This is a violation of HIPAA, the ADA, and everything in between! Does not matter what kind of medical plan it is...the release of any kind of medical information (including claims) is a violation on so many levels! I can't imagine someone is not calling an attorney or the EEOC. I would.

33. AnonymousJuly 23,2022 at 10:30PM UTC

    The employer is not a medical provider and thus, this does not violate HIPAA.

    We do not know about the ADA (more information is needed) and do not know if any PHI was released .

34. AnonymousJuly 23,2022 at 2:44PM UTC

    While HIPPA usually pertains to medically covered entities, the information is still consider PHI (personal health information) and under the ADA (Americans with Disabilities Act) employers still have other legal obligations to protect the confidentiality of employee health information in their possession.

35. Maggie StoneJuly 23,2022 at 3:31PM UTC

    Sure. But we don’t know specifics about the info disclosed. So we can’t even say with certainty that PHI has been disclosed.

36. AnonymousJuly 23,2022 at 5:45PM UTC

    Correct but we're speculating in the event PHI was released

37. Mary BartonJuly 23,2022 at 3:02PM UTC

    Even if legal, it's not right. I assume this is a U.S. company? I am so sorry this is happening to you and your co-workers. (Yet another reason I wish the employers in our country did not carry the burden for health care costs the way that they do.) Just out of curiosity, I'd be interested to know how big your employer is (#o employer's size -- how many employees?

38. AnonymousJuly 25,2022 at 1:58AM UTC

    We're a startup based in Malaysia with about 90+ employees at the moment. The laws are different here and I'm not sure what I can do to report this. Several attempts to Google Search did not help. I have not brought up my concern to the HR team as yet because I worry they might cause drama for me in the workspace, ie possibly publicising my concern to the whole team.

39. Maggie StoneJuly 23,2022 at 3:11PM UTC

    I am baffled why info like this would be in circulation.Does this contain identifying info like socials or birthdates?
    Does it contain information about diagnoses or conditions being treated? If not, this is an ethical gray area at best. Definitely seek legal assistance to see if there’s a violation here.

40. Chrissy Regan SmytheJuly 23,2022 at 3:11PM UTC

    You should seek the advice of a labor attorney. There are many laws protecting the medical information of an employee. This is so unethical! It sounds like your employer wants to shame those who file more claims than others. That's so not cool.

41. AnonymousJuly 23,2022 at 5:43PM UTC

    If the employment records consisted of medical claims with PHI there would be a HIPAA violation. The medical provider who released an employee's medical records to said employee 's employer has violated HIPAA.

42. Caitlyn Newmeyer HernandezJuly 23,2022 at 5:44PM UTC

    What kind of claims? Medical claims? If medical data connected to your name, it is breach of federal privacy law HIPPA

43. Caitlyn Newmeyer HernandezJuly 23,2022 at 5:45PM UTC

    Licensed insurance agent here ?.

44. Kristie WhiteJuly 23,2022 at 6:23PM UTC

    You haven’t specified what type of claims these are, but with HR’s involvement I’m assuming they could be medical, sexual harassment or employee relations. This is NOT ethical, and this is not likely coming from HR but being blamed on HR. This smells of an egotistical CEO who wants to reduce costs and is willingly using bullying and public shaming to force change - by embarrassing and humiliating costly employees so much that they leave and terrorizing other employees not to submit a claim. But this CEO doesn’t want to be held responsible for this effort, he/she knows it is unethical and illegal. Do they are blaming HR. And this CEO doesn’t think the fallout will be that bad, whereas any company with more integrity knows this is a public relations nightmare. So… this company will cut your throat in a heartbeat. I would do all of the following: look for another job, report them to the EEOC, report them to state officials, contact the local news channel. This leadership needs to be taken down.

45. AnonymousJuly 24,2022 at 1:26PM UTC

    Totally unethical. I noticed a similar situation at my company, which is self-insured. When I log in, They show a count of claims and list doctors on the benefits website. I am sure this is for the same reasons and they definitely age discriminate on top of that.

46. KellyW43July 24,2022 at 10:01PM UTC

    Depending on what type of claims you're talking about, they could have violated HIPAA laws.

    Defiinitely look into it.

47. AnonymousJuly 25,2022 at 10:08AM UTC

    I would consult with an attorney. I'm sure the company did.

48. Beth Whight MoralesJuly 31,2022 at 3:54PM UTC

    Do you mean they have released the dollar amounts, or the specific medical treatments, types of doctor’s visits, medication names, etc?