Medical Privacy Laws in the Workplace

Medical records related to a person’s medical history are made when a person receives treatment from a health professional. The same documents can cover medical history, lifestyle choices like smoking or participating in high-risk activities, and family medical history. It is not rare that these include lab tests, prescribed medications and results of a medical procedure that the was received.

Medical privacy represents implications related to privacy for any employee, if there is a chance the employer is accessing this information for some reason. If this does occur, the law in the US state of California is triggered and there are key points of how this takes place.

When Can an Employer See My Medical Information?

The law in California allows the employer to access medical information about their employee, but it must be related to a legitimate business reason. The information can be volunteered, like in the case of sick leave, or it can be requested for things like forms used for workers compensation claims.

In any case, the information can be attained by the employer, but it both must be related to the business and has to be kept private inside of the organization.

Americans with Disabilities Act states that employers cannot ask for medical tests as a basis of getting a job, meaning that tests cannot be asked for as a requirement for employment. Additionally, the same act forbids anyone from demanding their employees to take a medical test as a way of avoiding them from losing their job.

What Is HIPAA?

The federal Health Insurance Portability and Accountability Act (HIPAA) represents a standard that is valid nationwide and which regulates the problem of privacy of health information. In other words, it shows the employers how medical records are disclosed and used.

It states that employers must give notice when dealing with written privacy procedures, restrict the use of this information inside of their organization and finally, it asks for the appointment of a dedicated privacy officer and the training of their staff on this issue.

With this information, anyone will be a lot more suited to understand any relevant issue related to medical privacy in the workplace and will allow them to better prepare themselves and protect their personal information in the same working environment.

A business that wants to collect medical information from individuals for direct marketing purposes must first get written consent and must clearly disclose how the information will be used.

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Studies have revealed that the lack of proper encryption, inadequate funding, and shortage of staff has degraded the system of comprehensive data protection. Most health care organizations are not sure of the exact location of patient data. Under such circumstances, it becomes imperative to learn about the medical privacy covered under laws and policies regarding medical privacy in California.

Laws and policies regarding medical privacy in California

1. Controlling Medical Information

The ability to control your medical information falls within the range of some control and no control. There are situations where you have the opportunity to object or give consent, and others where your consent is not required. Few cases may require your authorization. According to laws and policies regarding medical privacy in California, there is a clear distinction between authorization and consent. Authorization should be given out in a separate document specifying disclosure details.

2. When flow of medical information is beyond control

Such information is required by local, state or public health regulatory authorities. When a person is exposed to a communicable disease or the subject of a food and drug administration issue, there is no need for consent. Consent for accessing medical information is not required when the employer requires the information for conducting medical surveillance in the workplace or evaluating work-related injury or illness.

3. When your medical information may be used without consent

Consent for using your medical information is not required when it is used for treatment, health care operations or payment. Your consent is not necessary when the information is utilized by a business associate of your health care plan. Services provided by business associates may include financial, accounting, administrative, accreditation, management, consulting, data aggregation, actuarial and legal.

4. How to know the number of people that have accessed the medical information

Laws and policies regarding medical privacy in California strives to limit the number of areas in which people can access your medical information. However, there is no realistic way to ascertain the number of people that may have accessed your medical information. For example, when you are admitted to a hospital, hundreds of hospital employees have access to your medical information.

5. When is authorization required?

Laws and policies regarding medical privacy in California requires your specific authorization if the disclosure is required for psychotherapy or for marketing. An individual’s psychotherapy notes are protected, subject to exceptions such as defending a health plan or a doctor or undergoing staff training.

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The first necessary element of understanding the phenomena of California’s laws related to medical privacy in the workplace is to define its basic element – medical records. These records that are related to a person’s medical history are made when the same person receives some kind of treatment from a health professional. These can include anyone from a physician or nurse, to a chiropractor or a psychiatrist. The same documents can cover, aside from the actual medical history, things like lifestyle choices like smoking or participating in high-risk activities like extreme sports, but also family medical history.

It is not rare that these include lab results, prescribed medications and results of a medical procedure that the same person has received. Any and all of these represent implications related to privacy for any employee if there is a chance the employer is accessing this information for some reason. If the same does occur, the law in the US state of California is triggered and here the key points of how this takes place.

Can Medical Records be Kept Private in the Workplace?

The law in California allows the employer to access medical information about their employee but it has to be related to a legitimate business reason. The information can be volunteered like in the case of sick leave or it can be requested for things like forms used for workers compensation claims. In any case, the information can be attained by the employer, but it both has to be related to the business and it has to be kept private inside of the same organization. This means that only those relevant to the case of the same individual can access this information.

Demanding Medical Test for Hiring a Person

Thanks to the Americans with Disabilities Act, employers cannot ask for medical tests as a basis of getting a job. This means that tests cannot be asked for as a requirement for employment. The main reason why this clause exists in the problem of medical privacy in the workplace is the protection of employees from any kind of employee screening for disabilities or other similar issues. Additionally, the same act forbids anyone from demanding their employees to take a medical test as a way of avoiding them losing their job.

HIPAA and its Role in Medical Privacy

The federal Health Insurance Portability and Accountability Act, also known as HIPAA, represents a standard that is valid nationwide and which regulates the problem of privacy of health information. In other words, it shows the employers how medical records are both disclosed and used. It states that employers have to give notice when dealing with written privacy procedures, restrict the use of this information inside of their organization and finally, it asks for the appointment of a dedicated privacy officer and the training of their staff on this issue.

With this information, anyone will be a lot more suited to understand any relevant issue related to medical privacy in the workplace. At the same time, this knowledge will allow them to better prepare themselves and protect their personal information in the same environment.

Photo Credit: Shutterstock/Africa Studio

The post Medical Privacy in the Workplace appeared first on UELG.