Lexology May 16, 2022
Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient. But what can an employer do when they need to access an employee’s medical records? Are these medical records treated differently than non-employee patients? Throughout the last few years, we have seen an increasing number of healthcare entities with these exact questions.
Pursuant to 65 FR 82612, HIPAA does not apply to employment records held by a healthcare entity. However, “[i]ndividually identifiable health information maintained or transmitted by a covered entity in its health care capacity [will] continue to be treated as protected health information” under HIPAA. (67 FR 53191). In fact, “identifiable health information...
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