Question of the Week - HIPAA Applicability to FMLA Documentation

Posted by BAS - 06 September, 2012

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Q.- One of our employees has requested FMLA leave and has provided a lot of documentation from her doctor about her medical condition. Do I have to be concerned with HIPAA?

A.- Some employment matters, such as FMLA leave determinations, may require employee medical information. An employer does not become subject to HIPAA just because it receives medical information.

HIPAA's administrative simplification provisions apply to covered entities, which are health plans, health care providers who perform certain transactions electronically and health care clearinghouses. Employers are not by themselves covered entities under HIPAA. Therefore, your receipt of the FMLA medical records does not necessarily make you subject to HIPAA.

Even if not subject to HIPAA, the information is sensitive and should be treated as such. The documentation should be kept separate from regular employment information and separate from health plan information. State privacy laws may apply to the information as well.


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