Follow HIPAA rules when you receive employment-related requests

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Note:  The following article synopsis was NOT provided by HCPro. It was created by Find-A-Code/innoviHealth.

Article Overview

This article gives an overview of HIPAA privacy considerations for employment-related requests for protected health information. It covers when a practice may need authorization, how workers’ compensation requests fit into HIPAA, why authentication of requests matters, and other compliance considerations such as fees and consultation of HHS resources. The article is aimed at providers, practice staff, and compliance professionals who handle release-of-information requests.

Why This Topic Matters

Employment-related record requests can involve patient privacy, state law, and HIPAA requirements. Knowing the broad compliance issues helps practices respond appropriately while limiting disclosure and reducing risk.

Article Sections

  1. Understand when your practice must respond

    Introduces the general HIPAA framework for responding to requests for protected health information. Discusses patient-directed requests, appointed representatives, HHS requests, and the role of state workers’ compensation law.

  2. Study 2 common employment-related requests

    Reviews the main categories of employment-related PHI requests and the different compliance considerations associated with each. Also notes the need for timely handling and potential state-law involvement.

  3. Confirm employer requests with the patient

    Addresses verification of requests that come directly from employers and the importance of confirming authenticity with the patient.

  4. 2 more compliance tips

    Summarizes additional operational considerations for handling these requests, including patient charges for record transmission and use of HHS guidance resources.

What You Will Learn

  • How HIPAA privacy rules apply to employment-related record requests
  • When patient authorization may be involved in a disclosure
  • How workers’ compensation requests can differ from other employment-related requests
  • Why request authenticity and patient confirmation matter
  • What general fee and compliance considerations may arise when sending records

Who Should Read This

  • Physician practices
  • Medical office staff
  • Release-of-information personnel
  • Compliance officers
  • Health information management professionals

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