›

HIPPA and Dr Notes

LFernandesLFernandes 314 Posts
in Benefits & Leave Vote Up0Vote Down
This may seem like a stretch but do doctor notes and FMLA Medical Certifications fall under the protection of HIPAA? :-S

We keep our attendance/FMLA files separate from our personnel files and only HR has access to these files but I get doctors notes with the diagnosis on them via the interoffice mail all the time. (We don't ask for the reason they were out just that they were seen by the doc.) And, what about FMLA paperwork if its sent through the regular mail not addressed to anyone in particular and the mail person opens it??

Your thoughts and opinions, please!
Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • woodallmdwoodallmd 4 Posts
    PMVote Up0Vote Down
    It is my understanding from our ERISA attorney that FMLA, short-term disability, Workers Comp, do not fall under HIPPA Privacy Act (only our ERISA self-funded health plan). However, the information provided as documentation for FMLA etc. should be treated confidential in nature as well. I also believe there are some state laws regarding confidential info that should be considered. In other words, it is probably better to treat all of this type info as confidential.
    Share on Facebook Share on Twitter
Sign In or Register to comment.