Question

Hospital workers may be especially sensitive to issues associated with the Health Insurance Portability and Accountability Act (HIPAA), which—among other things—guards the privacy of personal medical information. Is recording an injury or illness in accordance with OSHA regulations a violation of HIPAA?

a. Yes, it violates patient privacy
b. No, it is compliant with HIPAA
c. It depends on the severity of the injury
d. Only if the patient gives consent

Answer 1

Recording an injury or illness for OSHA regulations is compliant with HIPAA, as these records are necessary for workplace safety and health and do not conflict with the confidentiality requirements of patient records. Hence, option (b) is correct.

Step-by-step explanation:

Recording an injury or illness by OSHA regulations is compliant with HIPAA. The Occupational Safety and Health Administration (OSHA) requires employers to keep accurate records of work-related injuries and illnesses. HIPAA allows the disclosure of health information for public health activities, which includes work-related health surveillance. The information used for OSHA records is typically not considered a violation of HIPAA because it is necessary for workplace safety and health and often does not require the disclosure of personal health details to the public.

Businesses must maintain strict confidentiality of patient records, but when it comes to reporting and recording to comply with OSHA requirements, this doesn't necessarily present a conflict with HIPAA. The HIPAA Privacy Rule permits such disclosures for workers' compensation or other workplace-related surveillance without the explicit consent of the individual. Therefore, the correct answer is b. No, it is compliant with HIPAA.