Privacy Issues in the Workplace

2. C ONFIDENTIALITY OF M EDICAL I NFORMATION A CT As a general rule, under the Confidentiality of Medical Information Act (CMIA) 233 a health care provider is prohibited from releasing medical information concerning a patient absent express written authorization from the patient. Thus, under most circumstances in which an employer requests medical information about a prospective or current employee from a third party, the employee or applicant will have to provide written authorization for his or her health care provider to release the information. Under the CMIA, an employer is generally prohibited from using, disclosing, or knowingly permitting its employees or agents to use or disclose medical information pertaining to an employee unless the employer first obtains written authorization from the employee. 234 Although an employer has lawfully obtained information, it may still be illegal to use that medical information.

There are several important exceptions to the requirement for written authorization:

 Medical information may be disclosed pursuant to a subpoena or other judicial or administrative process.  Medical information may be used in a lawsuit, arbitration, grievance, or other claim or challenge to which the employer and employee are parties and in which the employee has placed in issue his or her medical history, mental or physical condition, or treatment. 235

Medical information may be used exclusively for purposes of:

 administering and maintaining employee benefit plans, including health care plans and plans providing short-term and long-term disability income, and workers’ compensation, 236  determining eligibility for paid and unpaid leave from work for medical reasons. 237

 disclosure to a provider of health care to aid the diagnosis or treatment of the employee if the employee is unable to authorize the disclosure. 238 Use of medical information without an authorization for other than the above purposes may expose an employer to civil liability.

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 73