Re: Whistleblower Protection?

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On 3/17/08, Ann wrote:
> I work for a healthcare center, and was in the middle of a
> situation involving another employee. The employee had
> been using the emergency center to get prescriptions for
> painkillers, so much that her chart was flagged for
> possible med-seeking behavior. They called me in to talk
> to her, and I suggested that they stop giving her medicine
> and send her to her family doctor since emergency areas
> aren't for chronic management of pain anyway. In the end,
> there was a confrontation between her and the doctor which
> made the doctor uncomfortable because she appeared to be
> stoned, likely on the stuff she got from the doctor, and
> she was on the clock at that time. The doctor told me to
> call her supervisor at work, and I wouldn't do this
> because it violates patient confidentiality rules. I've
> learned since then that one of the health center
> administrators did call the employee's supervisor, and
> while I understand the worry about having an employee
> under the influence at work, I also know that she has a
> legitimate prescription from the doctor and that the
> doctor knew the concerns about her being addicted when he
> prescribed it. In any case, I don't see how any of that
> removes the healthcare center from its HIPPA obligations,
> and I think the administrator abused the healthcare
> center's dual role of health care provider and employer by
> contacting the employee's supervisor. But I'm afraid to
> say anything because I don't think there's any protection
> for my job if I do. Since HIPPA is federal, would I fall
> under whistleblower protections?

None of this has anything to do with HIPAA. Employee A (a
doctor at the facility at which you all work) had reasonable
suspicion another employee (B) was unfit for duty and wanted
it reported to Employee B's supervisor. That's what should
happen at ANY place of employment so the situation could be
addressed. Unless I've missed something, nobody was acting
in their capacity as a health care provider but rather as
employees.