Covid-19 and privacy

Since I know nothing about this - just curious. Thankfully, at least for now, this is an academic question. I understand the need for privacy, although in a very small employer situation, it is pretty much meaningless as everyone will be able to figure it out. Nevertheless, if I were to get the virus, I would WANT my employer to notify every employee, even if I worked at a large employer (as I did many years ago.) I would WANT everyone to know, in case they had any contact with me, or with any person who worked closely with me.

I assume it is ok for an employer to notify all employees, if the infected employee gives permission? Or are there still restrictions?

Here's hoping that none of us will ever be in a situation where we have to care about this. Hope y'all stay well and safe!!

If an employer receives medical information in its role as an employer (e.g., for sick or FMLA leave purposes), HIPAA doesn't apply because an employer is not a covered entity subject to HIPAA.

If an employer, however, learns of the medical information in its role administering a health plan (e.g., from a claims report or if an employee calls up asking "Is COVID-19 treatments covered by the plan?") then that information IS subject to HIPAA and the employer cannot disclose the information for non-health plan-related purposes without a written authorization from the employee.

Your scenario is most likely in the first category so, at least with respect to HIPAA, there are no restrictions on how the employer may use the information, although other employment laws may apply.

Hope this helps.

Or, the employer simply announces that the employees may have come into contact with someone who may have the virus.

Hi Chaz - thanks. The written confirmation "release" makes sense. I frankly suspect that most folks would want to notify other co-workers, but perhaps I'm wrong on that. Anyway, hopefully it will never be an issue!

The EEOC updated its pandemic guidance for COVID-19. Great employer resource, especially if there is a second wave (how to prepare).

https://www.eeoc.gov/facts/pandemic_flu.html