An RN on FMLA leave lawfully was discharged from her position at Detroit Medical Center when her employer discovered she had misrepresented her alleged medical condition in her FMLA leave request, a federal district court has determined. Lineberry v. Detroit Medical Center, et al., Case No. 11-13752 (E.D. Mich., S.D. Feb. 5, 2013). Although
Privacy
Health Care Providers May Disclose PHI to Avert Threats to Health and Safety, HHS Letter Confirms
By Ana C. Shields on
Posted in Privacy, Workplace Violence
Our colleague at the Workplace Privacy Blog has reported that health care providers may disclose private health information to avert threats to health and safety. For details, click here.
Idaho Health Care Provider Fined for Lack of HIPAA Risk Assessment
By Ana C. Shields on
Posted in Privacy
Our colleague at the Workplace Privacy Blog has reported that a health care provider in Idaho (a HIPAA-covered entity) was fined for not conducting a required risk assessment. For details, click here.
Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again
For an interesting reminder about the potential pitfalls of investigating employees through social media, please click here to go to the Jackson Lewis Workplace Pirvacy Blog to read about Ehling v. Monmouth-Ocean Hospital Service Corp.
Office of the National Coordinator for Health Information Seeking Comments on Mobile Communication Devices
Posted on
Posted in Privacy
The Office of the National Coordinator for Health Information (ONC) is seeking input from the public on the role of mobile communication devices (smart phones, tablets, net books, etc.) in the exchange of personal health information within the healthcare industry, i.e. the use of such devices by physicians, hospitals and managed care providers and the…
HIPAA Audits to Begin Early 2012
By Ana C. Shields on
Posted in Privacy
The Office of Civil Rights (OCR) recently launched a HIPAA compliance audit program with 150 on-site audits scheduled to begin in February 2012. Covered entities and business associates need to be prepared and take stock of their HIPAA compliance. For more information see the following link to Jackson Lewis’ privacy blog:
NLRB FINDS HOSPITAL BAN ON CAMERAS PERMISSIBLE
By Ana C. Shields on
The NLRB has upheld a hospital’s ban on the use of cameras for photographing patients, equipment, property or facilities. It said the ban did not violate the right of employees to engage in union or protected concerted activity. The NLRB in the 2-1 decision reasoned that the ban did not expressly restrict union or other…
In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
By Ana C. Shields on
Posted in Privacy
On-site health clinics, occupational health clinics, and in-house physicians can be attractive options for businesses that take a comprehensive approach to disability and leave management. However, as one federal district court makes clear, employers need to be mindful of the workplace law risks. This case involves one of those risks – the ADA and its…
OIG Calls for More HIPAA Audits
By Ana C. Shields on
Posted in Privacy
This is an important development for health care employers, as well as those companies tied to the health care industry. A government report issued this week says HIPAA enforcement is not sufficient to protect electronic protected health information and recommends more audits. The result may be more “compliance reviews,” audits, for covered entities and business…
ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
By Ana C. Shields on
Posted in Privacy
Here is a link to an article posted on the Jackson Lewis Workplace Privacy Blog that may interest healthcare employers.