Employer told everyone results of my TB test!

[DA314]

I work in a small law office, and I'm taking a CNA class right now, and had to get a TB test. The test came back positive. I hada very small reaction, which wouldn't have required any further testing except that when I become a CNA and then start nursing schoool, I'lll be around people with comprimsed immune systems.

Well, I told my boss (because I have to get a chest x-ray and needed a few hours off), and he told the whole office!!! Everyone knows, and I feel like a leper!

To top it off, his father is a Dr., and today at 2:00 we are having a meeting so the whole office can ask questions about my "disease".

I feel so embarassed and violated. Normally my boss is a very nice person, but he has crossed a line. When he sent the memo about the 2:00 meeting, I had to take a break and go cry. I felt like leaving and never coming back.

What would you do in this situation?

[classicdame, MSN, EdD]

I would make two comments in the meeting. One, the fact that there even IS a meeting is a HIPPA violation and you are not under any obligation to discuss anything. Second, a positive TB screen means that you have been exposed to the disease but does not mean you have it. A lot of people test positive but never contract the disease. Write this up and read it. Say nothing else.

And then I would leave.

[Jolie, BSN]

her employer did violate her right to confidentiality regaurding her health.

unless the employer functions in one of the capacities cited by ct pixie (highlighted below), there is no "right to confidentiality" regarding health from one's employer. healthcare provider, yes. employer, no.

"this is true for the most part but if the employer offers self-funded insurance (i happen to work for an insurance company that does a lot of self-funded policies)..the employeer does have to follow hipaa. if the company offers self funded insurance, and the op does have that insurance, chances are she will have a medical claim filed for the tb test and cxr. thus it is phi and now becomes a hipaa violation

per hipaa

what is a covered entity?

the privacy rule applies to health plans, health care clearinghouses, and health care providers. it applies to employers only to the extent that they somehow operate in one or more of those capacities. the same standards apply to covered entities in both the public and private sectors.

how might an employer be a covered entity?

normally, an employer will only deal with covered entities, not actually be one. however, if an employer has any kind of health clinic operations available to employees, or provides a self-insured health plan for employees, or acts as the intermediary between its employees and health care providers, it will find itself handling the kind of phi that is protected by the hipaa privacy rule"

i agree that his man's actions are over the top and inappropriate, but probably not a hipaa violation.

[DA314]

Quitting probably wouldn't be the smartest move for me to make right now, but if I could, I'd be out the door in a heartbeat.

My thing is, we would all probably test positive for lots of scary things. Several of our clients have MRSA ... Should we have a meeting about that? More than likely, someone in our office has or has had an STD, maybe we should discuss the possibilities of getting aids from a toilet seat ( I know I won't catch it that way, but I'm sure my boss thinks you can). Heck, the bacteria on the keyboards here are a lot scarier than the positive TB test I had.

But since people are ignorant, I have been made to feel like a biohazard.

BTW- I do have health insurance through him, I pay 1/2 the premium.

I'm glad to know that other people would also be upset. I was afraid maybe I was being too sensitive.

[Jolie, BSN]

I'm sorry for your situation, and understand your anger.

Not trying to be argumentative, but I'm curious: Why did you reveal the test result to him? Did you think you wouldn't get the time off if he didn't know the reason?

The same kind of thing happens when nurses and other hospital employees call in sick and then provide details of their illness. It is not necessary to do so, and often comes back to bite them in the butt. I think it takes time and experience for people to realize that it is perfectly acceptable to say, "I'm sick and I won't be in today. Period. or I have an appointment and must leave at 2:00 this afternoon. Period."

Nothing more need or should be said.

[nessajune21]

Although you may feel embarrassed right now, take this as an opportunity to teach ignorant people about TB testing.

The positive test only signifies an antibody. It doesn't signify active TB (which is contagious). If you don't have an active infection then you are not contagious and your co-workers need to hear this to feel at ease.

Research some good information and use this as a window for education! Good luck with the situation.

[DA314]

.....Research some good information and use this as a window for education! Good luck with the situation.

Well, I figure that the physician giving the information will be a more credible source than any research I do.

I talked to my boss about it and he said he wasn't trying to singleme out or embarass me, but he wanted to calm any fears/questions anyone may have. I told him I'd prefer not to be there.

Still feeling blue about the whole situation.

[Batman24]

Your employer is a moron. I would quit ASAP. This is absurd.

I would let him know flat out that you feel this is an invasion of your privacy and I would also call your insurance carrier NOW and see if this classifies as a HIPAA violation as you fund 1/2 the insurance on your own. If they say yes I would let him know you will be making the appropriate reporting agencies aware. The CDC might have something to say about him calling a meeting as well. Please...

You could also put a quick call through to a different local lawyer and get some info NOW before the meeting. You might still be able to put a stop to it. Truth is as idiotic as he is if you remain working people will know you aren't critical and on your death bed. How ignorant.

[RN1982]

Calm any fears? HELLO HE DIDN'T HAVE TO TELL EVERYONE!!!!!!!!!!!!! IT WASN"T HIS BUSINESS TO TELL ANYONE IN THE FIRST PLACE. HE could have kept it private, ya' know.

[RNAnnjeh, MSN, CNS]

Holy....overreact much?

Dude definitely needs some education about a PPD, TB, and common courtesy.

Then I'd have a coughing fit in front of him....JOKING! But really, guy needs to get a grip.

My comments are so helpful, but I felt the burning desire to share my shock.

Good luck!

[oramar]

I once did a post warning people new to healthcare to keeps their cards close to their chest when discussing health and personel issues with their employer. I know you may have a need to talk about these things and confide in someone but believe me the person you confide should NOT be your boss. Apparently you can have problems in all employment sitautions not just healthcare. I am repeating myself but be careful with these "health and personal disclosures" when they are made to boss. Thankyou for posting this. It will serve as a warning to others. See what I mean when I say be careful what you say to managment.

[booter512]

Go to the meeting. Tell them that it's good that you have antibodies against TB. Tell them that you test positive when you've come in contact with someone with TB and this is you bodies way of fighting it. Then, tell them the only people you've been in close contact with are the people in THIS office. Say, "Somebody here may have TB and not even know it. Sure hope you all have antibodies too." This should adequately give your boss a nervous breakdown if he's a germofile.

[DA314]

Booter- that's hilarious. He really would have a nervous breakdown (probably make EVERYONE get tested!).

You know... there is a guy in the office who's been hacking his lungs out for about 2 weeks.... hmmmm... maybe we should make him the black sheep.

Appearantly at the meeting the Dr. basically told everyone there is nothing to worry about and that their doctors and nurses probably all test +. I think that helped calm the boss down.