Question

Workers’ compensation cases provide one of the few situations in which a health care provider may disclose a patient’s protected health information to an employer without the patient’s authorization. Workers’ compensation claim information is not subject to the same confidentiality rules as other medical information. What is the reason for this exemption?

Answer 1

Workers' compensation claim information is not subject to the same confidentiality rules as other medical information. As in case of health care provider may disclose a patient's protected health information to an employer it is considered as breaching of confidentiality whereas if worker's personal information is breached by other worker to his /her other employees then it is considered as breaching of privacy

Generally people interchange the term privacy with confidentiality but both are different in the way of legal point of view . Privacy comes under human rights of privacy as common law but Confidentiality is an ethical duty. Privacy disclosure at workplace as discussion about employee relation issue , disciplinary action isn't necessarily illegal but it can damage working atmosphere and if any breaching of privacy occur can be complained to manager or head of company who is responsible for managing good working environment and if in any cases causes detailed issue then can be under common law of human right of privacy as intrusion of solitude and public disclosure of private facts But in case of health care setting between patient and doctor disclosing of information is ethically illegal and can harm patient as information is only shared to authorised individual with confidential agreement thus breaching of such details considered illegal and have strict actions according to law

Thus worker's compensation claim information is not subject to the same confidentiality rules as other medical information

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