Can a corporation scenery robustness questionaires that are to be given to an insurance provider?
It seems close to that could cause problems. ie "This personality has AIDS fire him immediately"
Answers:
no, they can't.
I don't believe so. I'm working at a robustness insurance company right now, and I'm still unmarked to this, but I believe those questionnaires are protected by HIPAA law.
Under ERISA and HIPAA, employer are considered "covered entities" and must follow the HIPAA Privacy Rules. One of these rules is that any covered entity having access to protected robustness information (PHI) may only receive information on a "call for to know" basis. For instance, employer may request a report from an insurer regarding claim statistics, including diagnoses, surrounded by order to substantiate rate increases; HOWEVER, this background may not contain "personally identifiable" information, specifically, the employee's name coupled beside the diagnosis.
Employers collecting health questionaires own no "need to know" the information disclosed by the applicants. Therefore, the PHI contained surrounded by the applications must be protected. To accomplish this, most insurers provide a sealable envelope to applicants, into which the application is placed. The envelope is then given to the employer, who sends the envelopes to the insurer unopened. If you weren't given an envelope to protect your privacy, you can definitely use your own. It should be marked beside your name, member of staff ID number (if any) and the words "CONTAINS PROTECTED HEALTH INFORMATION." This puts your employer on notice that the envelope mustn't be open.
I hope this helps. Let me know if I can provide further information.
Not legally. This is private condition information and disclosure is covered by the Health Insurance Portability and Protection Act. The employer can only seize this information if you sign a waiver and allow the disclosure.