tci Medicare Compliance & Reimbursement - 2015 Issue 15

Industry Notes: Does Your Employee Confidentiality Policy Violate The NLRA?

Even if your employee’s conduct violates HIPAA, that doesn’t mean terminating that employee won’t violate the National Labor Relations Act (NLRA). In Rocky Mountain Eye Center, P.C.vs. International Union of Operating Engineers, Local 400, an administrative law judge (ALJ) decided that despite the employer’s “unquestionably legitimate” HIPAA compliance concerns, the employer “seized upon” those concerns to prevent union activity. Rocky Mountain Eye Center, P.C. (RMEC) in Missoula, MT entered into a confidentiality agreement with its employees, stating that employee information is confidential and that breach of “patient or facility...

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