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HomeMy WebLinkAboutSOG 105.02 REVISED 2-2016-Medical Info105.02 — Member Medical Information & Records Effective. 7/5/2010 Revised: 2/5/2016 Replaces: I. Guiding PhilosophX We strive to protect the privacy of member's medical records, by receiving, handling and storing this information in a confidential manner. II. Purpose The purpose of this policy is to ensure the appropriate protection of member medical information through a standard process that is in compliance with pertinent laws and regulations. III. Goals The goals of this policy are to: A. Provide a statement of intent regarding this policy. B. Discuss HIPAA as related to employment records. C. Detail the process to be used in the receipt, handling, and storage of member medical information and records. IV. Definitions A. HIPAA — acronym for the Health Insurance Portability and Accountability Act of 1996. B. PHI — acronym for Protected Health Information, as defined in the Health Insurance Portability and Accountability Act of 1996. V. Statement of Intent A. This policy applies to both civilian and civil service members. C. To the extent required by law, medical information and records will be handled and stored in a confidential manner. C. Generally, only those persons with a need to know this information will have access to it and, even then, will only have access to as much information as is minimally necessary for the legitimate use of the medical records. VI. HIPAA as Related to Emolovment Records A. Employment records are not considered to be protected health information (PHI) subject to HIPAA safeguards, including certain medical records of employees that are related to the job. Employment records that are not covered under HIPAA include, but are not limited to: 1. Information obtained to determine suitability to perform job duties (such as physical examination reports or work releases) 2. Drug and alcohol tests obtained in the course of employment Doctor's statements provided in accordance with attendance or sick leave policies 4. Work-related injury and occupational exposure reports 5. Medical and/or laboratory reports related to such injuries or exposures 6. Medical information for the Department to carry out its obligations related to FMLA, ADA or other similar laws 7. Medical information related to workplace medical surveillance or fitness - for -duty tests. B. If Beaumont Fire -Rescue or the City of Beaumont EMS provides medical services directly to an employee, the protections typically given to such patients applies to the employee. However, these protections are subject to HIPAA exceptions (such as medical services performed on a member due to an on -duty work-related injury.) VII. Process for Secure Receipt, Handling and Filing of Member Medical Information A. All medical documentation related to sick leave use and/or return to work will be submitted per R&R 103.03 -Sick & OffIDuby Injury Leave. B. All member medical documentation will be filed in a folder used exclusively for this purpose and stored securely with limited management and staff access. C. The Personnel and Benefits Administrative Assistant will serve as the department's Privacy Officer. The Privacy Officer will: 1. Monitor compliance with state and federal privacy standards. 2. Coordinate complaint investigations regarding privacy issues. 3. Maintain the security of member medical information that is stored by the Department. 4. Enforce the minimum necessary standard. SOG 105.02 — Member Medical Information & Records Page 2 of 3 5. Review requests for disclosure and makes recommendations as to whether or not to grant such requests, and if granted, to what extent information shall be disclosed. 6. Receive and act on requests for access and copying of records, amendment of records, restriction on uses and disclosure of records, and for confidential communications. 7. Insure that employees with access to member medical information have signed a confidentiality statement and have attended appropriate training. D. Any request for member medical information or records should be referred to the Privacy Officer, who will coordinate the release of the requested information. SOG 105.02 — Member Medical Information & Records Page 3 of 3