News & Analysis as of

Medical Records Employer Liability Issues Health Insurance Portability and Accountability Act (HIPAA)

Dickinson Wright

Employers, Employees, & HIPAA, Oh My!

Dickinson Wright on

Oftentimes, healthcare entities’ employees are also patients of the healthcare entity, creating a dual role as employer and employee as well as doctor and patient. But what can an employer do when they need to access an...more

Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

Roetzel & Andress

Possible Employer Vicarious Liability For Employee’s HIPAA Violation Even When Employee Engages In Unauthorized Act

Roetzel & Andress on

Can an employer be held liable for an employee’s HIPAA violation even if the employee engaged in an unauthorized act that was motivated by the employee’s own personal interest? In the recent decision of SoderVick v. Parkview...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Union Requests for Medical Information: Do You Have to Provide It?

Employers often receive requests for medical information from the unions representing their employees. These requests come up in a variety of contexts and include...more

Kelley Drye & Warren LLP

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

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

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