Can an employer use PHI to make employment decisions?
A. Employers should never use PHI to make employment decisions. This does not mean, however, that the employer cannot act on health information which is received from a health care provider or from the employee in connection with ADA compliance, FMLA leave, drug testing or fitness for duty examinations. However, health care providers will likely require HIPAA Authorizations from employees before this information is disclosed to the employer. Once disclosed, this information is not PHI and the employer can use it as it normally would in employment matters.
