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HR HIPAA Violation? (1 Viewer)

Betterbelieveit

Betterbelieveit

Footballguy
Received an email from our HR director today and thought it may be asking for too much information.

"I have had employees come to me about problems with the prescription plan, MMO not wanting to cover certain medications.  I have been discussing this with MMO, I need to get all employees having this issue, the name of medication and the pharmacy you are using."

As an owner I am concerned that asking this information, with a trail as they are either face to face with the director or linked to an email knowing who the person is, may be violating HIPAA laws. Any input would be appreciated as I know they are just trying to help but I felt just giving the correct information of who to contact at our MMO would have been a better and less intrusive option. Thoughts?

 
Betterbelieveit said:
Received an email from our HR director today and thought it may be asking for too much information.

"I have had employees come to me about problems with the prescription plan, MMO not wanting to cover certain medications.  I have been discussing this with MMO, I need to get all employees having this issue, the name of medication and the pharmacy you are using."

As an owner I am concerned that asking this information, with a trail as they are either face to face with the director or linked to an email knowing who the person is, may be violating HIPAA laws. Any input would be appreciated as I know they are just trying to help but I felt just giving the correct information of who to contact at our MMO would have been a better and less intrusive option. Thoughts?
Click to expand...


Requests from your employer

Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.

However, if your employer asks your health care provider directly for information about you, your provider cannot give your employer the information without your authorization unless other laws require them to do so.

Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.

See 45 C.F.R. §§ 160.103 and 164.512(b)(1)(v), and OCR's Frequently Asked Questions.

For employer issues, contact:
Department of Labor: (866) 4-USA-DOL
Equal Employment Opportunity Commission: (800) 669-4000

 
Last edited by a moderator:
Dwight: I'm now going to read out loud your submitted medical conditions. When you hear yours read, please raise your hand to indicate that it is real. If you do not raise your hand, it will not be covered.

Stanley: What about confidentiality?

Dwight: You know what? You have forfeited that privilege. I have tried to treat you all as adults, but obviously, I am the only adult here. Number one, inverted penis.

Meredith: Could you mean vagina? Because if you do, I want that covered.

Dwight: I thought your vagina was removed during your hysterectomy?

Meredith: A uterus is different from a vagina. I still have a vagina.

 
Betterbelieveit said:
Received an email from our HR director today and thought it may be asking for too much information.

"I have had employees come to me about problems with the prescription plan, MMO not wanting to cover certain medications.  I have been discussing this with MMO, I need to get all employees having this issue, the name of medication and the pharmacy you are using."

As an owner I am concerned that asking this information, with a trail as they are either face to face with the director or linked to an email knowing who the person is, may be violating HIPAA laws. Any input would be appreciated as I know they are just trying to help but I felt just giving the correct information of who to contact at our MMO would have been a better and less intrusive option. Thoughts?
Click to expand...
I don't think that it would be a HIPAA violation if people volunteered that information, but asking for it is definitely an ethical gray area, if it is not an outright violation. I'd voice my concerns and strongly suggest implementing your proposal.

 
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