COVID and HIPAA | Lockn' Forum

The Other One
Cowboy Neal

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COVID and HIPAA Nov 23, 2020 7:43:11 GMT -5 hondo and looseankles like this

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Post by The Other One on Nov 23, 2020 7:43:11 GMT -5

I deleted my thread about COVID yesterday. I feel like I shared information about someone else that maybe I shouldn't have. Thanks for your kind words and I'm sorry if your post got deleted when I pulled the plug.

Anyway I told my boss that I had potentially been exposed to someone who tested positive for COVID 19 and that I would be quarantining myself for the next 10-14 days. I almost immediately, on a Sunday evening, got an email from CPD (Culture & People Development) asking me to fill out a questionnaire about whom I was exposed, when, had I had contact with any other employees, etc. Standard stuff I guess during a pandemic. After I sent it I sent an email to CPD and asked who would see this information and was it covered under current HIPAA regulations. She replied that only two members of the CPD team would see it and that HIPAA regulations don't apply during a pandemic. Really? Anyone here work in HR or CPD that has any experience with this? I understand that the rules are different during a pandemic but this is somewhat troubling to me. One of my questions is who defines that we are in a pandemic and how do we know when it's over. I'm guessing that the World Health Organization drives this.

Last Edit: Nov 23, 2020 9:41:52 GMT -5 by The Other One

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grumbly-one
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COVID and HIPAA Nov 23, 2020 9:21:30 GMT -5 The Other One likes this

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Post by grumbly-one on Nov 23, 2020 9:21:30 GMT -5

I always thought HIPPA only applied to health care workers and those associated with the health care industry. Not sure if it even applies to your HR.

But remember Virginia is At-Will.

Found this:

HIPAA does not protect employment records, even if the information in those records is health-related. What it does protect, according to the U.S. Department of Health & Human Services (HHS), are medical and health plan records generated as part of an employee-sponsored health plan.

Generally, HIPAA applies to the disclosures made by a healthcare provider, not the questions an HR team may ask. Therefore, if an HR team member asks an employee for supporting documentation for sick leave, wellness programs, health insurance, or workers’ compensation, he/she may ask without being subject to HIPAA requirements. However, if the HR team member asks a healthcare provider directly, the provider cannot release an employee’s health records to an employer without prior authorization from the individual (this would be a HIPAA violation), unless other laws require them to do so.

As you can see, HR departments aren’t automatically responsible to comply with HIPAA, even if they share health-related information. However, if your organization offers a self-insured health plan to employees then your HR team is likely on the hook. Self-insuring organizations collect premiums from enrolled employees and take on the responsibility of paying employees’ and dependents’ medical claims. In this case, it is likely that your HR department will come into contact with PHI and therefore be subject to HIPAA compliance requirements.

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kuriti
Old Head

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COVID and HIPAA Nov 23, 2020 10:17:42 GMT -5

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Post by kuriti on Nov 23, 2020 10:17:42 GMT -5

Nov 23, 2020 9:21:30 GMT -5 grumbly-one said:

I always thought HIPPA only applied to health care workers and those associated with the health care industry. Not sure if it even applies to your HR.

But remember Virginia is At-Will.

Found this:

I worked in HR in a hospital organizing the compliance training around HIPPA. Happyone is right, the law is aimed at hospitals, not workplaces and so is probably not the law you seek. However, there existed an obligation to keep all your personal medical information private previous to the HIPPA regulation. That is why you aren't supposed to tell your boss what illness you have, rather speak to the HR administrator. I am not aware of a specific law that requires they keep it secret, rather I believe it is a practice that gives them legal cover if you are subsequently fired and have a medical disability covered by ADA. Ideally, the manager can say "I didn't even know he had a medical disability, he was just a shitty employee." As it relates to the pandemic, they are contact tracing and would most certainly be excused from any liability if that is all they are doing. Also, covid is not a legal disability. my 2 cents.

edit: but their statement that HIPPA is suspended in covid is complete bullshit. It is a US law FYI.

Last Edit: Nov 23, 2020 10:19:38 GMT -5 by kuriti

Kuriti

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