Does anyone understand HIPAA?
HR Cat
8 Posts
We are are planning to update the emergency information for each of our employees. On our Emergency Data Sheet, we would like to include the following:
Preferred doctor & hospital
Known allergies
Existing medical conditions
Medications
Blood type
Date of Birth
We would also like to include a statement to be signed by the employee agreeing to allow our company to give consent for medical treatment if we are unable to reach any of the listed contacts.
Is the collection of any of this information prohibited under HIPAA? Are there any special considerations we should know about in our recordkeeping?
Does anyone out there know?
Preferred doctor & hospital
Known allergies
Existing medical conditions
Medications
Blood type
Date of Birth
We would also like to include a statement to be signed by the employee agreeing to allow our company to give consent for medical treatment if we are unable to reach any of the listed contacts.
Is the collection of any of this information prohibited under HIPAA? Are there any special considerations we should know about in our recordkeeping?
Does anyone out there know?
Comments
Health Insurance Portability and Accountability Act...
I see your point about the medical conditions. What about allergies, preferred doctor, hospital, blood type, etc. We simply want to be able to help the employee get the quickest and most accurate medical care possible in the event of a major accident or injury. I guess we may need to scale down the list, but I'm not sure what to leave.
Thanks!
covered entity decision tool -- [url]www.cms.gov/hipaa[/url]
While your intent seems benign, it strikes me as more instrusive than you might be intending. Collection of medications and existing medical conditions may expose you to ADA issues when you obtain information you never really wanted to collect. Once you're in possession of that info you're under the microscope to defend ANY employment action that involves those employees. I think the suggestions from Miriam and Don are valid and worth considering.
Don,
As usual, you raise good questions. My thoughts, for what they are worth, follow.
I would want to be certain that you and your attorney feel confident that the agreements (one with the applicants and another with the clinic) allow for the circumstances you describe, including post-hire verification of truthful representation. If all are signed off on this, I don't see why this doesn't give you what you need; your attorney should be able to ensure that they are crafted appropriately.
I very much share your discomfort about routinely having the forms onsite. And I do understand that you are careful with the forms you have received, and would personally ensure that the information is not misused.
Nonetheless, I simply suggest that juries might be open to a line of insinuation that goes like, "Mr. Don, you helped write this final written warning, did you not? And you were in fact central to the discussions to terminate Mr. X, were you not? Indeed, you personally walked him out the door, isn't that correct? And at the time you did these acts, you were fully aware that Mr. X had AIDS, were you not? And this very sensitive, very personal and confidential medical information about Mr. X had been sent to you by your contractor, the ABC Clinic, which does physicals for your prospective employees, isn't that correct? Indeed, you routinely get such sensitive information about each of the people who become your employees, including the defendent and others who might be here today, isn't that correct? And could you please tell the men and women of the jury the business reason, the legitimate business use, for your routinely having this information????"
Regards,
Steve McElfresh, PhD
HR Futures
408 605 1870