My understanding is that HIPAA does not apply to employment records, including any health information contained there. Employee health records are protected by OSHA or any state OSHA plan that may exist, but not really HIPAA.

The Privacy Rule controls how a health plan or covered health care provider discloses protected health information to an employer, including your manager or supervisor. 

Employment Records

The Privacy Rule does not protect your employment records, even if the information in those records is health-related.  Generally, the Privacy Rule also does not apply to the actions of an employer, including the actions of a manager in your workplace.

If you work for a health plan or covered health care provider:

• The Privacy Rule does not apply to your employment records. 
• The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan.

Rebecca Schirle RN MN MPH COHN-S

Employee Health and Safety Coordinator

Public Health Seattle and King County

401 Fifth Ave. Suite 1300

Seattle, WA 98104

Office: (206) 263-8735

Fax:      (206) 205-5430

Mailstop: CNK-PH-1300

From: MCOH-EH [mailto:mcoh-eh-bounces@mylist.net] On Behalf Of Dr Joe Fanucchi
Sent: Friday, August 08, 2014 11:56 AM
To: MCOH/EH
Subject: [MCOH-EH] HIPAA and health care workers

Colleagues,

In my role as president of an employee health software company, I am rooutinely asked to sign Business Associate Agreements (HIPAA confidentiality agreements) with the hospitals using our software -- since in the course of converting their legacy databases and providing ongoing support, we routinely view medical information pertaining to employees, volunteers, contractors, students and licensed independent professionals.

Today I was intrigued that an individual with the title General Counsel for Health Sciences informed me that their medical center does not consider the personal medical information contained in their employee health database to be protected by HIPAA. I'd be interested in knowing how prevalent this position is. Has anyone else been given that information by their hospital's legal department? If you're not comfortable revealing the name of the institution, please feel free to reply to me individually rather than to the entire list.

Respectfully,

Joe Fanucchi

--
Joe Fanucchi MD FACOEM
President and Medical Director
MediTrax / OHS, Inc.
o:925-820-7758
c:925-368-3367