Comments on: How innocent ‘jokes’ turn into costly lawsuits http://www.hrbenefitsalert.com/a-depressing-situation/ Daily dose of benefits news and know-how Tue, 04 Aug 2009 18:30:38 -0400 http://wordpress.org/?v=abc hourly 1 By: Ward Near http://www.hrbenefitsalert.com/a-depressing-situation/comment-page-1/#comment-8390 Ward Near Thu, 14 May 2009 19:37:52 +0000 http://www.hrbenefitsalert.com/?p=155#comment-8390 HIPAA was established to keep information about illness or injury used for treatment, billing, and payment from being disclosed or to prohibit employers who have access to such information from using it improperly in personnel decisions. HR was correct in that information disclosed by an individual to another individual is not covered by the HIPAA regs. However, even though her actions were not illegal, Dorothy was unethical to disclose this information. The policy that HR should adopt is that the employer takes the minimum personal medical information in all cases that is needed to satisfy personnel functions. Any disclosure of such information is on a strict need to know basis and information disseminated would be (once again) the minimum needed for the purpose at hand. Thus, the note for Jane would have properly read, "Jane is out sick today." HIPAA was established to keep information about illness or injury used for treatment, billing, and payment from being disclosed or to prohibit employers who have access to such information from using it improperly in personnel decisions. HR was correct in that information disclosed by an individual to another individual is not covered by the HIPAA regs. However, even though her actions were not illegal, Dorothy was unethical to disclose this information. The policy that HR should adopt is that the employer takes the minimum personal medical information in all cases that is needed to satisfy personnel functions. Any disclosure of such information is on a strict need to know basis and information disseminated would be (once again) the minimum needed for the purpose at hand. Thus, the note for Jane would have properly read, “Jane is out sick today.”

]]> By: Fran Wessel http://www.hrbenefitsalert.com/a-depressing-situation/comment-page-1/#comment-1209 Fran Wessel Thu, 23 Oct 2008 19:42:13 +0000 http://www.hrbenefitsalert.com/?p=155#comment-1209 Dorothy recently relayed to Marge in a business-related email that 'Jane was out sick today....her Crohn's is acting up'. Jane was copied in on the email, and was very upset that her medical condition was disclosed in an email that could eventually make its way around company-wide. Jane had confided in Dorothy about her disease assuming that Dorothy who works closely with Jane would keep it confidential. Jane brought the email disclosure to the attention of the HR Dept and was basically told to take the matter into her own hands as it did not fall within HIPAA. Did the HR Dept respond appropriately to Jane? How should Jane have handled this situation? Should a company provide formal training to employees on the need to keep other employees' personal information confidential & not to openly discuss in the workplace? Particularly health-related issues. Thank you. Fran Wessel Dorothy recently relayed to Marge in a business-related email that ‘Jane was out sick today….her Crohn’s is acting up’. Jane was copied in on the email, and was very upset that her medical condition was disclosed in an email that could eventually make its way around company-wide. Jane had confided in Dorothy about her disease assuming that Dorothy who works closely with Jane would keep it confidential. Jane brought the email disclosure to the attention of the HR Dept and was basically told to take the matter into her own hands as it did not fall within HIPAA.

Did the HR Dept respond appropriately to Jane?

How should Jane have handled this situation?

Should a company provide formal training to employees on the need to keep other employees’ personal information confidential & not to openly discuss in the workplace? Particularly health-related issues.

Thank you.
Fran Wessel

]]> By: Paula http://www.hrbenefitsalert.com/a-depressing-situation/comment-page-1/#comment-192 Paula Fri, 06 Jun 2008 16:07:47 +0000 http://www.hrbenefitsalert.com/?p=155#comment-192 Where can I visit online to find out more about the issue of mental health/ADA? Thanking you in advance for any info you can share with me. Where can I visit online to find out more about the issue of mental health/ADA?

Thanking you in advance for any info you can share with me.

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