Privacy Issues in the Workplace

unauthorized use and disclosure of that information. 226 This includes any information regarding an individual’s mental condition. 227 The procedures must include, but need not be limited to, instructing employees and agents on properly handling files containing medical information to protect the confidentiality of the information. 228 The Americans with Disabilities Act (ADA), 229 also requires that information obtained regarding the medical condition or history of an employment applicant be kept confidential with few exceptions. The ADA further requires that information from medical examinations or inquiries be placed in a separate file and not placed in an employee’s general personnel file. 230 2. C ONFIDENTIALITY OF M EDICAL I NFORMATION A CT As a general rule, under the Confidentiality of Medical Information Act (CMIA) 231 a health care provider is prohibited from releasing medical information concerning a patient absent express written authorization from the patient. Thus, under most circumstances in which an employer requests medical information about a prospective or current employee from a third party, the employee or applicant will have to provide written authorization for his or her health care provider to release the information. Under the CMIA, an employer is generally prohibited from using, disclosing, or knowingly permitting its employees or agents to use or disclose medical information pertaining to an employee unless the employer first obtains written authorization from the employee. 232 Although an employer has lawfully obtained information, it may still be illegal to use that medical information.

There are several important exceptions to the requirement for written authorization:

 Medical information may be disclosed pursuant to a subpoena or other judicial or administrative process.  Medical information may be used in a lawsuit, arbitration, grievance, or other claim or challenge to which the employer and employee are parties and in which the employee has placed in issue his or her medical history, mental or physical condition, or treatment. 233  administering and maintaining employee benefit plans, including health care plans and plans providing short-term and long-term disability income, and workers’ compensation, 234  determining eligibility for paid and unpaid leave from work for medical reasons. 235  disclosure to a provider of health care to aid the diagnosis or treatment of the employee if the employee is unable to authorize the disclosure. 236

Medical information may be used exclusively for purposes of:

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