![]() ![]() Self-insured employers should be aware of their responsibilities under HIPAA (and if not, please seek counsel). The employer is fully self-insured and either does or does not have access to protected health information. There are several ways to operate self-insured plans, such as using a third party to manage the benefits so that the employer is completely hands-off. ![]() When it comes to the insured part of the company, these employers are covered entities under HIPAA because they are basically considered insurance providers. HIPAA May Apply to Some Self-Insured Health Plans It could also be a violation for the doctor under other laws. Employers should also inform the doctors not to provide this information. Recommendation: Employers should make sure that they do not ask for this information from health care providers and if a provider includes this information on the form, redact it and make sure it is not in your records.Your doctor should not release any information in a pre-employment health physical other than whether or not you can perform the critical functions of the job with or without disability accommodations. Answer: Yes, your health information is protected with any doctor that is covered by HIPAA.But then she told my employer that information. My doctor asked if I had been infected or had the COVID-19 vaccine and, of course, I answered. I applied for a job and was sent for a pre-employment health physical. Recommendation: Your health information is protected with your health care provider (and your insurance company), and unless you signed a form authorizing your provider to release that information, it is illegal unless there is an emergency situation - which would be incredibly unusual with COVID-19 and your employer.Your employer asking for it is not necessarily a HIPAA violation, but it is a violation of other laws and the company should not ask. Answer: Yes … if the doctor gave them the information.My employer called my doctor and asked if I was vaccinated or had COVID. ![]()
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