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Ask the Compliance Officer

Question from an Administrative Office Assistant:

Q: I often receive telephone calls with the caller inquiring about whether or not a field employee works for our office. I always tell the caller that I cannot release employee information without a written release. The last caller was belligerent and asked why. I responded that I had to comply with HIPAA. The caller told me that HIPAA has nothing to do with employees. Was he right?

A: In this situation the caller was correct – HIPAA (Health Insurance Portability and Accountability Act) does not apply to employee information. However, you were correct not to release employee information – or even confirm employment of a field employee without a written release or verbal permission from the field employee.

In the same way that we respect the confidentiality of our clients we also respect the confidentiality of our employees. Also, sometimes a caller seeking employee information may be an estranged spouse, a creditor or even someone who wants to serve a subpoena.

Your question leads to a good reminder for all offices – we should never give information out on an employee or even verify employment without a written release or verbal permission from the employee. You never know who is really on the other end of the telephone line or what they may want the information for.

Thank you for the question! Nori

Response from the Office Administrative Assistant: Thanks Nori, you were correct – the caller was actually someone from a “rent a car” place who wanted to send a bill to us for the employee’s rental car! I am really glad I did not give out any information.

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Nori Fey is Bayada Nurses' Compliance & Privacy Officer. She is an attorney and is certified in Healthcare Compliance by the Healthcare Compliance Certification Board as well as being designated a Certified Compliance Professional by the Health Ethics Trust.

Bayada Nurses values honesty & confidentially and Nori welcomes your questions, comments and feedback on our Compliance Program.

“Ask the Compliance Officer” is designed as a resource for employees, clients or the general public to learn more about our compliance efforts and also ask questions. If you have a question that you would like Nori to answer, please send it to: compliance@bayada.com or call 856-793-1799.