The employer refuses to provide us information to investigate a grievance, claiming HIPAA as their defense. What do I do?
A.HIPAA has been greatly abused by some employers who use it as an excuse why not to provide information to the Union. As a rule of thumb, any information that the employer has in its records that concern the employer/employee relationship should be available upon request. Personal medical or confidential information is generally covered by HIPAA. Failure or a refusal by the employer to provide such information could result in the Union filing an unfair labor practice charge with the NLRB. Please refer to the article about HIPAA in the September 2005 edition of the Mass Nurse newsletter for more information.
Related Questions
- The employer refuses to provide us information to investigate a grievance, claiming HIPAA as their defense. What do I do?
- Can an employer get some health information from the plan without triggering significant HIPAA compliance obligations?
- As an employer is my city subject to the HIPAA privacy and security rules?
