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Jul 14, 2005

I have currently been with the same employeer for approx. 3 years now and have been coverd under their insurance until recently they decided to change insurance companies. Now, I had to fill out a new form to get the new insurance as every employee did, however, when I filled out this form it asked specifically about HIV so I had to answer the question and sign the form in order to get the insurance. However, I had two different people from the HR department tell me they needed to visit with me concerning my health status come to find out the insurance company had EMAILED a form to the HR department with MY diagnosis at the top of HIV/AIDS they called me into the office set me down and began asking "OH how are you feeling?" ETC....I told them after answering a couple of their questions that "I dont feel comfortable answering these questions." the questions were such as "THE ETIOLOGY of the disease?" "My current medications?" ETC....Now, I want to know if that wasnt a violation of my privacy through HIPPA since the insurance company didnot consult me directly or confidientially instead they sent my info to the HR department via email which to me is not necessarilly always confidential to start with...because now I feel so violated.....PLEASE PLEASE can someone give me some insight to this situation? Thank you so much!

Response from Ms. Breuer

Please keep in mind that none of us on this site is a lawyer. From what you've written, I think you need to be talking to one, though. This looks to me like a HIPAA violation. It's a stupid way to run a business in any case. Please contact your local AIDS service organization for a referral to a lawyer right now.

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