Aa
Termination for Hep C?
My wife was recently terminated from her job for what appears to be Hep C infection. She went through interferon therapy successfully about three years ago. At her job they were going through insurance agencies to find the best rates to accommodate me because my wife wanted to put me on during open enrollment because I had a tentative diagnosis of cancer. (proved to be false positive) During the time the employer was considering a large company, my wife had been insured with three years before during her hep c treatment, she was fired for no reason. It came without warning after 2.5 years of good service with nothing but excellent evaluations no disciplinary actions. Her fellow employees were stunned. At first we thought it was because of me and my impending inclusion on the insurance rolls. However things we heard later pointed to her hep c infection. They did not want her scrubs back (they held up paychecks for others who had not brought their scrubs back after leaving) The head Tech said they had to let her go "for the health and well being of our clients and staff" to the other employees because her dismissal had caused such an uproar. The fact the insurance office was in contact with the company she had been insured with previously during hep c treatment. Other minor things were noticed. My question is:
Can an insurance company reveal a persons medical record to their employer if the employer is going to use that company or is just "shopping around for rates"
Can an employer legally terminate someone for having hep c. She is the Vet Care field as a veterinary technician.
Our lives have been devastated by these actions. It all seems so unfair. Do we have an recourse?
Altorix
Can an insurance company reveal a persons medical record to their employer if the employer is going to use that company or is just "shopping around for rates"
Can an employer legally terminate someone for having hep c. She is the Vet Care field as a veterinary technician.
Our lives have been devastated by these actions. It all seems so unfair. Do we have an recourse?
Altorix
Do you remember Facta Non Verba? He was and still is a practicing surgeon who went through 72 wks of treatment and continued to perform surgery thoughout his treatment and will continue to perform surgery even if he does not clear the virus. His position
He stated: "The CDC says that surgeons with hep C don't have to stop operating or even need to inform their patients and the surgeon is exposed to blood throughout the case, and a needle stick doesn't expose the patient to the surgeon's blood.
As doctor D says: One of the risks for acquiring HCV is from needlesticks as a healthcare worker so a lot of us are infected and employers cant ask about it unless there is an epidemic caused by you.
He stated: "The CDC says that surgeons with hep C don't have to stop operating or even need to inform their patients and the surgeon is exposed to blood throughout the case, and a needle stick doesn't expose the patient to the surgeon's blood.
As doctor D says: One of the risks for acquiring HCV is from needlesticks as a healthcare worker so a lot of us are infected and employers cant ask about it unless there is an epidemic caused by you.
Pay absoultely no attention to the above response from merrybe. She loves to practice law without a license and has no valid information to impart on the subject.
It's hard to say upon what they made their desicion so it's hard to say if she has a case.
If you can get a transcript of the notes of the meetings it would help...but they may not be available.
If someone is an office worker..etc then disclosure is not legally binding, however in medical and dental fields disclosure is expected and required.
MY question would be did she sign any disclorure agreements.
If she did, or if her practice had in place a disclosure policy, and she ignored that and went ahead and treated, but never told them she had it,,,then she, not they are at fault.
without knowing why she was wearing "scrubs" I can only say that if in a medical field some groups are put on desk or lighter duty while clearing this disease.
Specifically I think surgical nurses are often reassigned but not let go, which is not legal.
Howeve, if the case was, she had it, and told no one, as she was expected to do if medicine is her profession...then they might reason she broke protocol, and could not be trusted to inform them if God forbid she should become reinfected.
Again, without knowing exactly what she does or what went down its hard to say if this was really discrimination or the logical result of non-disclosure.
If you can get a transcript of the notes of the meetings it would help...but they may not be available.
If someone is an office worker..etc then disclosure is not legally binding, however in medical and dental fields disclosure is expected and required.
MY question would be did she sign any disclorure agreements.
If she did, or if her practice had in place a disclosure policy, and she ignored that and went ahead and treated, but never told them she had it,,,then she, not they are at fault.
without knowing why she was wearing "scrubs" I can only say that if in a medical field some groups are put on desk or lighter duty while clearing this disease.
Specifically I think surgical nurses are often reassigned but not let go, which is not legal.
Howeve, if the case was, she had it, and told no one, as she was expected to do if medicine is her profession...then they might reason she broke protocol, and could not be trusted to inform them if God forbid she should become reinfected.
Again, without knowing exactly what she does or what went down its hard to say if this was really discrimination or the logical result of non-disclosure.
I suggest you try to sue that lame company. You need to do this asap. Be sure and have everything documented. Talk to an attorney soon. good luck
I would have her sign up for unemployment. IF her x-company does fight it there will be a hearing, I would then announce that I am going to record the proceedings (I have done it in Pennsylvania concerning my employees)
I also don't think the insurance company is allowed to tell anyone but you the reason for denial, HIPPA laws come to mind.
And last if she cleared she doesn't have it so she can't spread it.
jmjm, a medical Dr might be able to practice but my dentist told me that they are not allowed to practice for 5 years after they clear if they get Hep C
Denise
I also don't think the insurance company is allowed to tell anyone but you the reason for denial, HIPPA laws come to mind.
And last if she cleared she doesn't have it so she can't spread it.
jmjm, a medical Dr might be able to practice but my dentist told me that they are not allowed to practice for 5 years after they clear if they get Hep C
Denise
Not mentioned directly is that fact that Dr. Dieterich himself had Hepatitis C and treated a couple of times. My understanding is that he practiced medicine all throughout that period. He happens to be the Dr. in our professional forum and for a small fee you can ask him a question here:
http://www.medhelp.org/forums/Hepatitis-C/show/272
Perhaps he can help you in terms of what action to take and what documentation you need. Personally, I'd start looking for a good lawyer who deals with these types of cases.
-- Jim
http://www.medhelp.org/forums/Hepatitis-C/show/272
Perhaps he can help you in terms of what action to take and what documentation you need. Personally, I'd start looking for a good lawyer who deals with these types of cases.
-- Jim
This post is from Dr. Dieterich who advises on the Hepc Expert Forum and has treated twice for hepc.
by Douglas Dieterich, MD
Add as Friend
Douglas Dieterich, MD
Male
New York - NY
Member since May 2008
, Jun 27, 2008 10:43AM
To: June6th
Leave a Note
Send Message
Add as Friend
June6th
Female
PA
Member since Jun 2007
Hepatitis C testing is not done on healthcare workers, but hepatitis B testing is to ensure that we are all vaccinated or have antibodies. Because of the ADA( Americans with Disabilities Act) no one can prevent you from practicing your profession if you have an infection unless you are giving to your patients. One of the risks for acquiring HCV is from needlesticks as a healthcare worker so a lot of us are infected and employers cant ask about it unless there is an epidemic caused by you! However that being said if you have HCV you should definitely get evaluated and treated! Good luck! DTD
by Douglas Dieterich, MD
Add as Friend
Douglas Dieterich, MD
Male
New York - NY
Member since May 2008
, Jun 27, 2008 10:43AM
To: June6th
Leave a Note
Send Message
Add as Friend
June6th
Female
PA
Member since Jun 2007
Hepatitis C testing is not done on healthcare workers, but hepatitis B testing is to ensure that we are all vaccinated or have antibodies. Because of the ADA( Americans with Disabilities Act) no one can prevent you from practicing your profession if you have an infection unless you are giving to your patients. One of the risks for acquiring HCV is from needlesticks as a healthcare worker so a lot of us are infected and employers cant ask about it unless there is an epidemic caused by you! However that being said if you have HCV you should definitely get evaluated and treated! Good luck! DTD
Have an Answer?
You are reading content posted in the Hepatitis C Community
Learn about this treatable virus.
Getting tested for this viral infection.
3 key steps to getting on treatment.
4 steps to getting on therapy.
What you need to know about Hep C drugs.
How the drugs might affect you.
These tips may up your chances of a cure.
A list of national and international resources and hotlines to help connect you to needed health and medical services.
Herpes sores blister, then burst, scab and heal.
Herpes spreads by oral, vaginal and anal sex.
STIs are the most common cause of genital sores.
Condoms are the most effective way to prevent HIV and STDs.
PrEP is used by people with high risk to prevent HIV infection.
