HIPAA privacy question

[Guest kmg]

Does it violate HIPAA privacy legislation to require a doctor's note for an absence to be considered excused (this is in regards to a part time attendance adherence policy). This is with the understanding that the note would not say anything about the patients condition, treatment, or payment, simply that they saw a doctor.

[Ron Snyder]

That doesn't sound like "PHI" (personal health information) to me. It does sound like junior high school.

[GBurns]

As long as it does not state the treatment or diagnosis etc it would have no health or PHI, would it?

[J2D2]

I don't see a HIPAA issue from the employer's perspective. If the employee is getting the note from the doctor and giving it to the employer, there is no HIPAA concern: the employee is providing his/her own PHI (possibly) to the employer. If the doctor is being asked to directly send the note to the employer, the doctor probably will want authorization from the employee, but, still, there is no HIPAA issue for the employer (assuming the employer is not a health care provider or health care clearinghouse).

[Guest rubindj]

Just a quick correction though. At least in medical circles its considered PHI by most because the information contains:

1) Patient identifying information

2) The name of his doctor

3) The date/time of the visit.

In all honesty its a bit of a grey area for a health provider, so most would err on the side of caution. For instance, sign in sheets are allowed (which would have the same type info); however, they are specifically listed in a Q & A from the DHHS. Without this guidance, and in this case confirming the visit, most providers would consider it PHI and refuse to disclose w/o the consent of the employee.

Note due to the exception worker's comp as written in most state law, if the visit was related to W/C it would be considered PHI, but could be released to the employer w/o a release.

[jsb]

No, it does not violate HIPAA to require a doctor's note in the instance you described. Because the note is provided to you by your employee, it is not PHI. This is an employment function that is not subject to HIPAA. However, other privacy or employment laws may apply so good care in handling and protecting the information once you have it is important.