Can I Share EE's Health Condition?

chec · January 2004

I'm the benefits manager and I have just learned that one our employees is HIV positive. I did not learn this from the employee and I don't think anyone in the workplace knows about this. My concern is for the health and safety of the other employees. May I share this information with my HR/Safety Manager? If we feel that additoinal precauations need to be taken, can we tell the employee's manager? We do blood-born pathogen training at our facility and in the past we have had other employees who had HIV; however, the employees revealed their condition to us and to their co-workers. Do we have to notify the employee of our knowledge? For the record, we must comply with HIPAA in April 2004. Thanks for your help.

Sue · January 2004

I'm not an expert here, but I would say no. Since you have proper training in BBP, safety would not be the issue-since these procedures are already very cautious.

Don D · January 2004

My advice is to close the HR Manager's door and tell her/him what you know. That person will advise you of the necessity to keep it entirely confidential otherwise. You have no obligation, expectation or right to reveal it otherwise, to a living soul. The HR manager needs this knowledge only so he/she can vigilant to protect the confidentiality of the information and to ensure that no law or right is violated. I won't even ask how you came by this information; but will trust that you reveal it to nobody other than the HR professional. Bloodborne pathogen training and right to know DOES NOT INCLUDE a right or need of any employee to know anything at all about another person's medical condition.
By the way, if you have a person on your first responder team who suggests he/she has a right to have such information, take that person off your team.

scottorr · January 2004

I agree with Don. This information is extremely confidential. If universal precations are always followed, no one needs to know.

mwild31 · January 2004

You're the benefits manager & found out about this - what has been your company policy on this type of information & how it gets disseminated to management? Are you required by your policies to keep it confidential - if so, you should follow the policies. If there isn't a policy - in my opinion, I don't think you should share it - not even with the HR manager - how do we know for sure that he/she subscribes to the same level of professionalism as others in the field and won't go blabbing it to others? At the very least, read up on HIPPA & check out your state laws on this type of information - another idea is to contact your state health department & they should be able to tell you what you legally can or can't say. Be wise about this - there's a lot of potential liability issues against the company based on your decision. Good luck x:-)

Rockie · January 2004

Reading between the lines, it appears that you may be self-insured and came by this information through EOBs, etc. If this is the case, you probably are already strongly bound by HIPAA regulations as far as confidentiality of information is concerned. Medical information is a protected entity and I would not share it with anyone. I'm curious as to why you are just now falling under HIPAA regs?

chec · January 2004

Thanks for your response. Since we are considered a small business (under $5 million in claims), we have until April 2004 to comply with the new HIPAA regs.

Balloonman · January 2004

chec,
Do not disclose it to anyone, it really is not needed. Universal precautions should always be used by 1st aid responders. Emphasize in the training to treat everyone like they have a infectious disease.
If you violate their privacy, pre hipaa compliance date or not you run the risk of a lawsuit.
My $0.02 worth.
DJ The Balloonman

Whatever · January 2004

Whether or not you are subject to HIPAA, the information should not be released.

LeeR · January 2004

Ditto: Do Not disclose the information to anyone.

Don D · January 2004

Based on all the responses, I'll re-evaluate my thought that the HR Director/Manager should be notified. I just assumed there was a rumor mill going on in the company and felt that HR should not be blindsided by this down the road and that it would be better to put them in the loop early rather than late. Hmmmm.

ray a · January 2004

Don, I still think you were on the right track initially. Even if Chec keeps this knowledge completely confidential, rumors are bound to start. We may be dealing with a similar problem. My personnel specialist came to me with similar information about an ee - information that he had divulged to her. There has already been much speculation on the floor concerning his personal life and he is very concerned about damaging info leaking to his coworkers. Even if the two of us in HR keep completely silent (and we will) rumors will be flying within a few weeks.

mbeam · January 2004

Some of it is lack of knowledge regarding this condition. You don't want to try & overcompensate now by specifically doing an update solely on this topic. However, if it's time for an annual safety/employee meeting than it could be one topic among a group that could be covered.

Confidentiality is key. If there are hints of rumors going around that are making the individual who is the subject of them uncomfortable, you need to meet with those associates and lay down the law. Not sure if they are aware that not only could the company be sued but they be individually.

Don D · January 2004

Although I agree with your sentiments on this subject, I don't agree that peers, co-workers could be successfully sued for telling others something that is truthful, albeit hurtful. That may be boorish, rude, crude, hurtful, mean-spirited, inappropriate behavior - I don't think it would be unlawful.

ray a · January 2004

I was wrong about the rumors flying within a few weeks. The ee in question came to complain today about a coworker who is spreading rumors that he is HIV positive and he is not very happy.

Can I Share EE's Health Condition?

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