tci General Surgery Coding Alert - 2021 Issue Q4

Reader Questions: See If HIPAA Constrains Employers

Question: Can employers request employee lab test results for COVID-19 testing or does HIPAA preclude that? Georgia Subscriber Answer: Employers can ask what they want, but labs can’t give them lab test results, COVID-19 or otherwise, without patient permission. The Health Insurance Portability and Accountability Act (HIPAA) has engendered so much confusion about who it applies to and when someone can share protected health information (PHI). Key: HIPAA applies only to Covered Entities (CEs) and their Business Associates (BAs). A CE is a healthcare provider, plan, or clearinghouse that transmits PHI. An employer is not typically a CE...

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