PHI

SMace

I had this question:

"Do we also need to have anyone who has had an accident complete the "Authorization for Release of Protected Health Information" form upon receiving medical care?"

My take is that HIPPA does not cover worker's comp information and it is not necessary. Does anyone agree or disagree?

sonny

My understanding is the same as yours. . HIPPA does not apply to WC.

mushroomHR

You are correct. Workers' comp., short-term disability and FML are not covered by HIPAA.

Don D

I disagree that FML is necessarily 'not covered' by HIPAA regulations. Virtually any medical absence could become FML, by practice and definition. I don't think that designating medical as FML removes the HIPAA restrictions that might apply to the medical information.

POPEYE

I once again have to agree with Don D. While FMLA does give a little more latitude concerning receiving PHI to be able to make an informed decision as to approve leave, it does not give the right to disseminate that information. I could just imagine trying to defend a HIPAA violation case where someone who gathered the FML information had told someone else that Employee X was going to have _______ removed because they had ______ wrong and if that didn't work they were going to have to ______. Granted all that might not be ascertained from a physician's certification form but.......

mushroomHR

Information regarding FML, workers' comp., and short/long-term disability reasons is Individually Identifiable Health Information (IIHI) and not Protected Health Information (PHI). Of course you don't want to tell anyone about an employee's reason for being on FML, etc.--that is called confidentiality. Protected Health Information is information transmitted to or received from a healthcare plan and/or medical provider. If you have a self-funded plan and you are responsible for paying/administering claims then you are privy to PHI. If you have a fully-funded health plan and enroll/terminate employees or receive only summary information then you are not privy to PHI.