PHI – Employee Health Information

Employees of an organization should expect for their health schooling to remain private. Just as the government has found it needed to create laws to protect employees from discrimination, they have had to create laws to safeguard an employees protect health information (PHI). These laws include health Insurance Portability and Accountability minute of 1996 (HIPAA), Americans with Disabilities Act (ADA) and Occupational Safety and health Act (OSHAct).While each law explicitly protects employee health information, it also resigns employers to use certain PHI to have-to doe with certain requirements of each law and to ensure the safety of employees. What is Protected Health Information? What is protected health information? According to Davis and Salver-Malyska, protected health information is defined as individually identified health information transmitted electronically or maintained or stored on every electronic media (2003, p. 31-32).In the United States the HIPAA Privac y Rule allows employers if acting as Plan Administrator to obtain certain PHI. There is no expression around this, because the administrator essential ask the employees doctor to do it certifications and provide back the employers. Companies that have an HMO and also have artisan Compensation, Family Medical Leave Act (FMLA), Short-term and Long term balk plans will require the doctor or the employee to provide medical certifications that tin the need for the employee to be on abjure or restricted duty. on a lower floor the FMLA, companies are required to also get PHI for an employees family member is the leave is requested to take care of a sick or injure family member. Other geeks of PHI collected by employers include, pre-employee physical information, drug testing prior to employment and random testing. This information is required as part of the hiring offset or company liability coverage depending on the personality of the bank line or job. According to Cascio, the employer is required to indicate if a leave is FMLA and the resolve for the leave (2010, p. 9). Ethical and Trust Issues At issue with each type of PHI collected or reviewed there is the potential of the employees privacy existence compromised? If companies to not set standard, required policies and procedures for those employees requesting and handling the PHI, then there could be major breaches. Once the breach as occurred, an employees self-reliance is eroded. Managers and supervisors should be provided training, as most of the information for Workman Comp, FMLA or STD claims is already provided to the employees management.But even still, employers cannot straight off ask health care providers the nature of an employees situation unless the employee has provided or agreed to release the information. According to Colquitt, Lepine and Wesson, trust by an employee is their implied and explicit agreement to allow themselves to be vulnerable to a trustee (2009, p. 219). Just the thought of PHI being made accessible to individuals who whitethorn not be trustworthy creates considerable distress by the employee. An example, of disturbed trust, would be an employee who is HIV positive, who is required to take a pre-employment physical.While in theory and supposed practice, an employer is not to request a pre-employment physical until afterward the offer I made. Nonetheless the employee would still have feelings of reluctance to allow the testing just to get a job. Another example includes the employee who is cover by the ADA, where a company must make reasonable accommodations for the employees disability. Which means management and HR must ask the question and function into service, the items or accommodations they employee need to meet the projected expectations. In January 2009, the Bush boldness published updated FMLA regulations. One key section clarifies the rules regarding who may request superfluous information about an employees FMLA certification and how it should be sought. Recommendations In my experience as a manger, I refrain from asking employees PHI regarding them or their families. When you have employees who have small children, elderly parents and a disabled spouse, motorbuss must ensure that they never ask an employee what is wrong?Not only should HR provide training on basic requirements for Workman Comp and HIPAA. Each manager must put safeguards in place to ensure employee records are not compromised. My company has established a process that removes the need to certify or review medical information for return to work instances. Employees submit items directly to an HR professional and not to the manager or supervisor. By doing this it removes the orifice of deliberate or unconscious violation of the employees privacy rights.ReferencesColquitt, J. A., Lepine, J. A., & Wesson, M. J. (2009). organisational BehaviorImproving Performance and Committment in the Workplace. New York McGraw Hill. Cascio, W. F. (2010). Managing Human Resources Productivity, pure tone of Work Life, Profits. New York McGraw-Hill Companies, Inc. Davis, V., & Silver-Malyska, T. (2003). Employers Liability for Use and Disclosure of Individual Health Information HIPAA Privacy and Employer Functions. Benefits Law Journal, 16(2), 29-46.