News & Analysis as of

Medical Records Employer Liability Issues

7 Steps To Sever Ties With An Employed Physician

by Fisher Phillips on

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

Loose Lips Can Constitute Interference with FMLA Leave

by Akerman LLP - HR Defense on

Disclosure of medical confidential information can result in a Family and Medical Leave Act (FMLA) interference claim, even when the employer does not actually interfere with the employee’s right to take FMLA leave. So held a...more

Recordkeeping Compliance Tips

by SmithAmundsen LLC on

Nondiscrimination and privacy laws make recordkeeping a daunting task. Here are some compliance tips for today’s highly legislated and regulated business world: KNOW THE FILE TYPES - Not all files are the same....more

Disclosing an Employee's Medical Condition May Result in an Automatic FMLA Violation

by Franczek Radelet P.C. on

This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more

Second Circuit Defines Test for Individual Liability Under the FMLA

by BakerHostetler on

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court’s grant of summary judgment in favor of the...more

Employee Health Information: Separate and Secure

by Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

by Williams Mullen on

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

An Unforgiving NLRB Holds That Protecting Patient Data Under HIPAA Can Still Violate Section 7 Rights

by Kelley Drye & Warren LLP on

It would make sense that the systems housing patient records at a physician’s office should be protected by a robust duty on the part of the physician’s employees to keep such records confidential. The purpose, of course, is...more

What’s In Your Employee Personnel Files?

All employers should be aware of the specific laws and regulations pertaining to employee personnel files. Pursuant to the Pennsylvania Personnel File Act, medical information should not be included in an employee’s personnel...more

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