Developed and presented by ACOEM and AIHA

Exacerbated by the COVID pandemic, occupational health professionals are being exposed more than ever to receiving health information from personnel and employees under their care and management. While there are rules and regulations governing the privacy of worker protected health information (“PHI”), these are commonly misunderstood.  Furthermore, many occupational health professionals don’t receive education on them. As a result, they are left to their own internet research or may rely on hearsay information as to what these rules mean and when they apply.

This webinar will provide an overview of what rules apply to occupational health professionals and their practice, and the specific requirements of those rules. Even where the rules may not directly apply, there should still be an understanding of them as a form of guidance in establishing a standard of care for personal health information.

Topics include:

• The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
• The Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) and the Genetic Information Nondisclosure Act of 2008 (“GINA”).
• Regulatory agencies such as OSHA and EEOC where privacy is also viewed under the lens of ADAAA, GINA, HHS Standards for Privacy of Individually Identifiable Information, Record Keeping and Reporting Requirements, Workers Compensation and the 21^st Century Cures Act.

While specific state information will not be covered, occupational health professionals should be aware of state privacy laws. It is the intersection of these federal and state rules where most occupational health professionals find themselves, often struggling to determine the appropriate policies and procedures to develop and implement.

• Recognize how and when an occupational health professional may obtain health information
• Explain what is Protected Health Information under HIPAA and the rules that then apply
• Identify whether and when a federal or state health or privacy law applies to your practice/situation
• Implement the legal requirements when covered under privacy law or be able to develop and implement an appropriate standard of care when not covered under privacy law
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Neil A. Feldscher, CIH, CSP, Esq., FAIHA

Director, EHS, NYC Environmental Protection

Bureau of Engineering Design and Construction

Environmental, Health, and Safety Directorate

*Nothing to disclose

Kenji Saito, MD, JD

President and Chief Medical and Science Officer, MedLawLLC

Medical Leader of North America and Global Wellness, Proctor & Gamble

*Employee of Proctor & Gamble

This activity is designed for occupational health and human resource professionals who manage or have an interest in learning more about protected health information as it pertains to personnel or employees under their care or administration.