4.0k views
5 votes
Can an employee keep their medical records private from the employer?

User Yo Wakita
by
9.1k points

1 Answer

4 votes

Final answer:

An employee can keep their medical records private from their employer as protected by the Health Insurance Portability and Accountability Act (HIPAA). Employers have limited rights to access an employee's medical information for job-related purposes, and there are safeguards such as the option for employees to file a complaint if their rights are violated.

Step-by-step explanation:

Can an employee keep their medical records private from the employer?

Confidentiality of medical records is a fundamental principle in the realm of healthcare privacy and job-related legal concerns. Regarding the privacy of an employee's medical information, the Health Insurance Portability and Accountability Act (HIPAA) plays a crucial role. Enacted in 1996, HIPAA provides robust protections for patient health information, requiring entities such as healthcare providers and insurance companies to maintain the confidentiality of personal health records.

Employees have the right to keep their medical records private and employers usually have limited access to this information, with certain exceptions such as in the case of workplace injuries or where fitness to perform a particular job is concerned. Employer-sponsored health plans may access certain health data, but only in ways compliant with HIPAA regulations. Employees also have the right to file a complaint if they believe their privacy rights have been violated, including instances where their confidentiality in medical records has been compromised. Additionally, the Freedom of Information Act (FOIA) includes reasonable exceptions suggesting that medical records for government employees need not be provided under a FOIA request, further underscoring the privacy protections in place.

User Antonijn
by
8.3k points