PHI – Employee Health Information

Employees of an organization should expect for their wellness breeding to remain private. but as the government has found it necessary to create rights to protect employees from discrimination, they deem had to create laws to safeguard an employees protected wellness discipline (PHI). These laws embarrass Health Insurance Portability and Accountability wager of 1996 (HIPAA), Americans with Disabilities Act (ADA) and Occupational sentry duty and Health Act (OSHAct).While each law explicitly protects employee health schooling, it as well as allows employers to use certain PHI to accumulate certain requirements of each law and to ensure the safety of employees. What is Protected Health entropy? 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 any electronic media (2003, p. 31-32).In the enchant together Stat es the HIPAA Privacy Rule allows employers if acting as Plan Administrator to moderate certain PHI. There is no way around this, because the administrator essential take up the employees sterilize to complete certifications and provide back the employers. Companies that gift an HMO and also have Workman Compensation, Family Medical Leave Act (FMLA), Short-term and Long term Disability plans will require the doctor or the employee to provide medical certifications that support the need for the employee to be on leave or restricted duty.Under the FMLA, companies are require to also get PHI for an employees family member is the leave is requested to take dread of a sick or injured family member. Other types of PHI collected by employers include, pre-employee physical information, drug testing prior to employment and random testing. This information is need as part of the hiring process or go with indebtedness coverage depending on the nature of the business or job. According t o Cascio, the employer is infallible to indicate if a leave is FMLA and the reason for the leave (2010, p. 9). Ethical and organized religion Issues At issue with each type of PHI collected or reviewed thither is the potential of the employees privacy being compromised? If companies to non set standard, required policies and procedures for those employees requesting and handling the PHI, then there could be major breakagees. Once the breach as occurred, an employees trust 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 instantaneously 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 transcription to allow themselves to be vulnerable to a trust ee (2009, p. 219). Just the aspect of PHI being made accessible to individuals who may not be accredited creates considerable distress by the employee. An example, of distressed 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 after the offer I made. however the employee would still have feelings of reluctance to allow the testing just to get a job. Another example includes the employee who is covered by the ADA, where a company must make reasonable accommodations for the employees disability. Which means management and HR must ask the question and place into service, the items or accommodations they employee need to meet the projected expectations. In January 2009, the Bush administration published updated FMLA regulations. One unwrap section clarifies the rules regarding who may request additional information about an employees FMLA certificationand 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 lower-ranking children, elderly parents and a disabled spouse, managers 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 possibility of deliberate or unconscious violation of the employees privacy rights.ReferencesColquitt, J. A., Lepine, J. A., & Wesson, M. J. (2009). Organizational Behavior amend Performance and Committment in the Workplace. invigorated Yo rk McGraw Hill. Cascio, W. F. (2010). Managing Human Resources Productivity, Quality 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.