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Is it a privacy/Hipaa violation in the workplace for employees…

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Is it a privacy/Hipaa violation...
Is it a privacy/Hipaa violation in the workplace for employees to have access to other employees private and medical information?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/23/2010
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,758
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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It is a confidentiality issue, generally not a HIPAA issue because employers are usually not medical care providers or insurers. The employer does have a duty under state law to keep medical records confidential and can disclose the information to other employees only when those employees (such as supervisors) have a legitimate business purpose to know the information. When employers require medical documentation from an employee they are supposed to keep it in a separate file from the general personnel files to keep that information private.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,758
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago

Is this issue considered employment law or is it privacy related?

Lawyer: Law Educator, Esq., Attorney replied 8 years ago
It is privacy related but can come under employment law as well.
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