Do you know what you are allowed to say to the rest of your staff if someone is sick or hospitalized? Or better yet, what you are not allowed to say? Brittany Harris from G&A Partners (www.gnapartners.com) will be speaking about HIPPA (Health Insurance Portability and Accountability Act) and ADA issues that you need to be aware of in a large and small business. It is better to be aware than caught off guard when a potential lawsuit falls in your lap. Looking for more helpful HR resources, training and guidance? Check us out at www.gnapartners.comm.

1. Privacy of Medical
Information in the Workplace
Presented by Brittany Harris
September 9, 2010

2. About your Presenter
• HR Advisor with G&A Partners
since March 2009
• Located in Bryan/College
Station
• Enjoys the Training and
Development aspect of Human
Resources

3. Introduction
• Many laws and regulations govern
the privacy of medical information:
ADA
FMLA
HIPAA

4. ADA
• Prohibits employers from discriminating
against qualified individuals with
disabilities in job application procedures,
hiring, firing, advancement,
compensation, etc
• Requires employer to make “reasonable
accommodations” without “undue
hardship”
• Requires employers to keep medical
information confidential

5. ADA
The EEOC considers an individual with
a disability is a person who:
Has a physical or mental impairment that
substantially limits one or more major life
activities
Has a record of such an impairment
Is regarded as having such an impairment.

6. ADA
• Reasonable Accommodation:
adjustments or modifications provided by an
employer to enable people with disabilities to
enjoy equal employment opportunities.
• Examples:
A deaf applicant may need a sign language
interpreter during the job interview.
A blind employee may need someone to read
information posted on a bulletin board.

7. FMLA
• Covers employers with 50 or more employees
within 75 miles.
• Provides employees with up to 12 weeks of
unpaid, job-protected leave per year.
• Employees are eligible for leave if they have
worked for at least 12 months and at least 1,250
hours over the past 12 months
• Enforces confidentiality of medical information
obtained

8. FMLA
• Leave permitted for:
the birth and care of the newborn child of an employee
placement with the employee of a child for adoption or
foster care
care for an immediate family member (spouse, child, or
parent) with a serious health condition
medical leave when the employee is unable to work
because of a serious health condition.
care for immediate family members in the armed forces
called to active duty in the U.S. military, to care for a
service member who is suffering from a major illness or
injury.

9. HIPAA
• provides rights and protections for
patients, along with participants and
beneficiaries in group health plans
• Prohibits release of PHI without
consent
• Typically only applies to self-insured

10. When to be aware…
• When someone applies for a job
• When someone is offered a job
• When someone is employed

11. When Someone Applies
• “pre-offer stage”
• You cannot request medical exams
• You cannot inquire about disabilities
• Any medical information should be
kept confidential

12. When someone is offered a job
• Medical exam allowed
• Drug Screens are not “medical exam”
• Consistency is key
• Any medical information should be kept
confidential

13. When someone is employed
• Cannot request medical exam or
make inquiry unless employee poses
direct threat or it’s job related and
consistent with business necessity
• Examples
• Obtaining certifications or supporting
documentation is permitted

14. When someone is employed
• Any medical information obtained
should be kept confidential (with few
exceptions) and in separate file
• Exceptions include:
Supervisors or managers that need to be
aware of accommodations
Safety personnel
State Worker’s Comp office
Insurance purposes

15. How to protect yourself
• Be aware!
• Designate “permitted employees”
• Train managers and supervisors
• Ensure compliance

16. Contact Information
Brittany Harris
bharris@gnapartners.com
www.gnapartners.com