HIPPA question

Library HR

I have an employee who went out to have surgery. She told her department head that this was not private. Usually, in that case, if someone asks about how the employee is doing, we feel free to provide that information. However it is on a limited basis only to those who inquire.

This week the supervisor sent a company wide email explaining that the employee had had surgery, that they were doing well, where they were placed for rehab and encouraged other employees to call and/or visit. This went out to 106 employees in 9 facilities.

When I tried to explain that issued a health bulletin was not in our best interest or the best interest of the employee, I met with total resistance.

Now the supervisor wants federal regulations stating what information can be given out. I am having a hard time finding exactly what I want to show, because most of what I am finding pertains directly to healthcare providers.

Can anyone help me with this?

Sharon McKnight SPHR

There is some overlap in the information but the following pages at HRLaws.com may be helpful.

http://www.hrlaws.com/man/elman/medical_privacy_issues
http://www.hrlaws.com/man/elman/privacy_in_the_law
http://www.hrlaws.com/man/elman/privacy_in_the_workplace#T2
http://www.hrlaws.com/node/1148700
http://www.hrlaws.com/node/1204398

Sharon

Library HR

Thank you for the links. They have good information. I am going to go with, ..."the best policy will limit disclosure of an employee's medical information to those individuals who truly have a need to know -- and ,even then, limit the information provided to the bare minimum necessary to accomplish the reason for the disclosure."

I really appreciate this.l

Jen Carsen

I would also add that a widely distributed email could be somewhat alarming to other employees who aren't aware that the employee on leave was explicitly OK with sharing all the details--"what are they going to tell everyone if *I* need to go out on medical leave someday?" As you have already determined, a limited-disclosure policy is a much better idea, for many reasons.