Protect Hipaa
protect hipaa
If one of my employees calls out sick, are they protected by HIPAA when I ask them for a more specific reason?
The other day, one of my employees called out sick. When they came back in, I asked for a more specific reason and/or a doctor’s note. They refused saying that because of HIPAA they didn’t have to answer my questions; Their privacy is protected.
Is this right? Have their been any firm legal rulings to this effect?
Note to Rosco: FMLA requirements vary by state. The 1250 hours are specific to your state but may not apply here. The short answer to this question is you CANNOT ask about their health condition…any health condition. You also want to tread very lightly with any health condition/information that is volunteered.
You can require a physician note that states simply the employee was under the physician’s care and unable to work – but be sure that this policy applies to all employees and enforced across the board, and clearly stated as part of an attendance policy. You do not want to single anyone out.
Anything beyond that should be handled through employee benefits and human resources and must STRICTLY adhere to all HIPAA laws – which do not vary by state. My recommendation is that you immediately speak with your HR person for clarification and guidance.
HIPAA and FileSure – Protecting ePHI from unauthorized programs with FileSure
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