Does a client that is a medical provider have the right to my employee’s files?

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Does a client that is a medical provider have the right to my employee’s files?

We are contracted to provide security services for a medical facility and are now being asked to provide training records, health testing information, and license information to the contracted site. Do I legally have to provide this information or do I have to provide it but only after the employees signed a release? We already submitted a sheet that shows the date the training was done, the dates the testing was confirmed, and the dates the license information was verified.

Asked on May 9, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So what you are concerned about is violating HIPAA laws.  Although you do not appear to be what is known as a "covered entity" which is what HIPAA laws relate to (and fyi it is a health care provider that conducts certain transactions in electronic form -called here a "covered health care provider"- a health care clearinghouse and a health plan), I would absolutely err on the side of obtaining a release from your employees as to the information.  And I would go and speak with your legal counsel about drawing up the release in PLAIN LANGUAGE explaining where it is going and for why the information is being disclosed.  I would also have the medical facility sign an addendum to the contract as to the information.  Take no chances.  Protect yourself.  Good luck. 


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