HIPAA and Need to Know

SherryAnn · March 2004

I'm still pretty new to the forum and I think I goofed when I tried to post this question a couple of days ago. If, however, this is a repeat I apologize and would really appreciate you responding again.

My benefits manager and I are having quite a struggle regarding what HIPAA covers and what is a reasonable need to know in order to manage the workplace.
I maintain that an immmediate supervisor may ask an employee what is wrong when the employee calls in sick. Let me clarify--I'm not talking medical history here, I'm talking I've got a sore throat, I'm in the hospital, I was in a car accident, I have a dr. appt. type of information. I see no other way to manage the benefit.
My benefits manager insist that we cannot even hint that we'd like to know what the time is being used for and in all of my research I do not find that to be the case.
So, my question, do any of you have more expertise in this than me and can you give me some words of wisdom on this?
Thanks so much,

Cinderella · March 2004

I don't know - why would the supervisor want to know even just the little details such as sore throat, stomach flu, etc? If you're sick then your're sick. Document that the ee called in sick however you do it at your co. and if it's someone with an absenteeism problem then address it according to your policy (which usually concentrate on unexcused absence tallies, period...not what the absence was for/what kind of absence it was unless FML comes into it).

Don D · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-05-04 AT 07:43AM (CST)[/font][br][br]While it is true that supervisors or others should NOT delve into personal medical history or current medical conditions, there's nothing wrong with asking trivial questions such as, "Same old virus?" or "You're still sick, are you?" Those are, however, boorish questions and insulting. No matter what the answer to the question, it does not chart the direction of any subsequent company action. HIPAA applies to medical plans sharing information that is classified as private/personal medical information. It's not the booger-bear some make it out to be, to the point that you can't ask someone if they have a cold or how the old back problem is coming along. But, back to your question: If I tell the supervisor I'm calling in sick, It's none of his business or the company's if I am going to the doctor, if I was in a car accident or if I've got a sore throat. And if I were to tell him, what possibly could he do with my response, or your department for that matter? Benefits are not managed based on that type of question/answer.

Ethel · March 2004

Not all health information is considered PHI. Health information from life insurance evidence of insurability forms, long and short term disability claims, FMLA, worker’s compensation and pre-employment drug screening are examples of individually identifiable health information that are not PHI. The reason is that this health information did not come directly from the health plan. Individually identifiable claims information from the health plan, however, is PHI.

If an employee is calling in sick and claiming benefits under our STD plan, then, yes -- we do want to know some "basic" info. If an employee is calling in sick, we need to also know if the absence is FMLA, etc. etc. So there are reasons for employers to ask for some information.

Don D · March 2004

One minor point, Ethel. Pre-employment urinalysis drug screens are not considered medical procedures or examinations and are therefore not health or medical information in any context.

SherryAnn · March 2004

Thanks so much for your responses. One point that I probably should have shared is that in our state the Medical Leave Law is much more generous than FMLA, allowing Sick Child leave for any care of a minor child at home, etc., so it's nearly impossible to manage if you don't ask just the surface info. Is this sick day for you or your child, etc., or is this person with the serious health condition your in-law or a person living in your household--those types of things.

Thanks again.

HIPAA and Need to Know

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