A Client asked me if an employee who files worker's compensation is able to claim that his
health information for that claim is covered by HIPAA. HIPAA is the Health Insurance Portability and Accountability Act that provides confidentiality of Personal Health Information. Generally, however, information that comes to an employer through a workers’ compensation claim is not covered. Carefully distinguish between information that the company receives as a plan sponsor or plan administrator (that is subject to HIPAA) and information that the company receives in its role as an employer. I would suggest that if you question whether you should have access to that information, consult with a professional knowledgeable in this area to assist in making these distinctions. At Management 2000 we administer the worker's compensation and keep our clients compliant with the requirements of HIPAA.
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