The Health Insurance Portability and Accountability Act (HIPAA) has been known to cause employer consternation. Below you'll find the answers to a pressing HIPAA question: Does the privacy rule absolutely prohibit the disclosure of employment records containing medical information?
A terminated employee filed a discrimination lawsuit. To build her case, she sought disclosure of her employer's records of other employees' leaves of absences. The company argued that the HIPAA privacy rule barred it from disclosing the requested documents because they contained medical records, return-to-work evaluations, and other health information, including materials prepared by doctors and other health professionals whose job function was to determine employees' fitness for duty.
The HIPAA privacy rule does not bar disclosure, ruled a district court, based on these three reasons.
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