OT: HIPAA Privacy Rule Myths and Facts # 1...

Discussion in 'Fibromyalgia Main Forum' started by kjfms, Apr 22, 2006.

  1. kjfms

    kjfms Member

    MYTH: Health care providers and plans can share personal health information with employers.

    FACT: The Privacy Rule prohibits health care providers and plans from disclosing personal health information to employers without a patient's explicit, written authorization.

    A valid authorization under the law must include a description of the information to be shared, the name of the person allowed to use or disclose the information, an expiration date, and the signature of the individual.

    The Privacy Rule also covers self-insured employers when they are acting in their capacity as a health plan.

    These employers must construct an organizational firewall, so that the health care information they gather can only be used for health care related functions, and plan administrators are prohibited from sharing that information with other employees.

    However, employers themselves (not functioning in the capacity of a health plan) are not directly covered by the Privacy Rule.

    Therefore, the law does not apply when an employer collects personal health information directly from employees, such as through employee assistance plans, wellness programs, and other on-the-job programs.


    [This Message was Edited on 04/22/2006]
    [This Message was Edited on 07/24/2006]
  2. kjfms

    kjfms Member

  3. kjfms

    kjfms Member

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