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

UPDATED: May 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption