Short Takes: Medical Information

 Can we ever disclose employee medical information
to outsiders?

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Medical records must be kept confidential and protected by
the employer from unauthorized use and disclosure.
However, here are several circumstances in which employee medical
records may be released or used:

1. When you have the employee’s written permission for the release.

2. When the disclosure is compelled by a judicial or administrative
   process or by a specific provision of law.
3. When the information is relevant to a lawsuit, arbitration, grievance,
   or other claim or challenge to which the employer and employee
   are parties and in which the patient has placed in issue his or her medical
   history, mental or physical condition, or treatment (but only the relevant
   information may be used or disclosed and only in connection
   with that proceeding).
4. When the information is used for administering and maintaining
   employee benefit plans, including healthcare plans and plans providing
   short-term and long-term disability income, workers’ compensation, or
   for determining eligibility for paid and unpaid leave from work for
   medical reasons.
5. To a provider of health care or other healthcare professional or
   facility to aid the patient’s diagnosis or treatment, where the patient or
   other person authorized by law is unable to authorize the disclosure.
   Medical records should normally be kept separate from other
   employee records in a secure filing area that is not accessible to those
   without a need to view the medical records.

— CELA Editors