Vehicle identifiers and serial numbers, including license plate numbers; Device identifiers and serial numbers; Internet Protocol IP address numbers Biometric identifiers, including finger, retinal and voice prints Full face photographic images and any comparable images Any other unique identifying number, characteristic, or code except the unique code assigned by the investigator to code the data De-identification versus anonymization[ edit ] Anonymization is a process in which PHI elements are eliminated or manipulated with the purpose of hindering the possibility of going back to the original data set. The removal of 18 specific identifiers listed above Safe Harbor Method 2. Obtain the expertise of an experienced statistical expert to validate and document the statistical risk of re-identification is very small Statistical Method.
What does this have to do with employers? Well, most employers know that they almost always possess some health-related information on their employees. However, for once, this newsletter is going to deliver some relatively good news to HR managers and in-house counsel.
First Piece of Good News: Under this definition, Covered Entities includes health plans, health care clearinghouses, and health care providers.
Caution for Self-Insured Plans: Second Piece of Good News: Third Piece Of Good News: I get a lot of detailed medical information on my claimant employees. That has to be protected. In many cases, the Privacy Rule allows Covered Entities, those actually providing the medical treatment to your injured employees, to disclose treatment information without violating HIPAA.
Employers may be subject to various state privacy laws, which afford different and additional protections to employees than does HIPAA. Additionally, employers may have to deal with a knowledge gap in that many employees firmly, but wrongly, believe they are entitled to HIPAA protection over their workplace medical records.
Protected health information includes all individually identifiable health information, including demographic data, medical histories, test results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage. Protected health information (PHI), also referred to as personal health information, generally refers to demographic information, medical histories, test and laboratory results, mental health conditions, insurance information, and other data that a healthcare professional collects to identify an individual and determine appropriate care. OCR has teamed up with the HHS Office of the National Coordinator for Health IT to create Your Health Information, Your Rights!, a series of three short, educational videos (in English and option for Spanish captions) to help you understand your right under HIPAA to access and receive a copy of your health information.
This is a complicated and constantly evolving area of the law, so employers should consider taking the following steps: Understand whether the employer has heightened HIPAA obligations, for example, if the employer maintains a self-insured group health plan, and confirms that appropriate policies, procedures, and training programs are in place.
Get smart and stay smart as to all other applicable laws. These laws have plenty to say about employee medical records. Develop policies and procedures to secure what employees believe are their confidential medical records.
Train your management as to what they can ask and what they would be better off not asking. The fact you have TMI can be used by an employee to make out the elements of a discrimination claim.
Whenever an outside party seeks to obtain medical information from your files, such as when your organization is served with records subpoena, get competent legal advice. While this article presents most good news for HR managers, laws regulating the privacy of medical records are complicated and ever-evolving; so be sure to stay abreast of the latest developments and seek the counsel of appropriate experts.
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OCR has teamed up with the HHS Office of the National Coordinator for Health IT to create Your Health Information, Your Rights!, a series of three short, educational videos (in English and option for Spanish captions) to help you understand your right under HIPAA to access and receive a copy of your health information. Employees of an organization should expect for their health information to remain private. Just as the government has found it necessary to create laws to protect employees from discrimination, they have had to create laws to safeguard an employee’s protected health information (PHI). Tags: Emp Law, Employment Law, Health Insurance Portability and Accountability Act, HIPAA, HR, Human Resources, PHI, Protected Health Information Disclaimer This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only.
Likenesses do not necessarily imply current client, partnership or employee status.Protected health information (PHI), also referred to as personal health information, generally refers to demographic information, medical histories, test and laboratory results, mental health conditions, insurance information, and other data that a healthcare professional collects to identify an individual and determine appropriate care.
Protected health information (PHI) under the US law is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity (or a Business Associate of a Covered Entity), and can be linked to a specific individual.
Protected health information (PHI), also referred to as personal health information, generally refers to demographic information, medical histories, test and laboratory results, mental health conditions, insurance information, and other data that a healthcare professional collects to identify an individual and determine appropriate care.
However, if an employer has any kind of health clinic operations available to employees, or provides a self-insured health plan for employees, or acts as the intermediary between its employees and health care providers, it will find itself handling the kind of PHI that is protected by the HIPAA privacy rule.
The Health Insurance Portability and Accountability Act of (Public Law ), familiarly known as HIPAA, established a national platform of consumer privacy protection and marketplace reform. Some key provisions include insurance reforms, privacy and security, administrative simplification.
Employees with job-related access to hospital information systems may access their own medical information through the institution's current information systems, including test results, clinic notes, and operative reports.