1. Privacy of Medical Information in the WorkplacePresented 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: ADAFMLAHIPAA 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 witha disability is a person who:Has a physical or mental impairment thatsubstantially limits one or more major lifeactivities 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 orfoster care care for an immediate family member (spouse, child, orparent) with a serious health condition medical leave when the employee is unable to workbecause of a serious health condition. care for immediate family members in the armed forcescalled to active duty in the U.S. military, to care for aservice member who is suffering from a major illness orinjury. 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 its 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 Workers Comp office Insurance purposes 15. How to protect yourself Be aware! Designate permitted employees Train managers and supervisors Ensure compliance 16. Contact InformationBrittany Harris bharris@gnapartners.comwww.gnapartners.com