AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Medical Records

     Section 13402 of the American Recovery and Reinvestment Act of 2009 requires an entities covered by HIPAA to notify individuals if their "unsecured" health information has been breached.
     N.J. Supreme Court holds that an examining physician (or management) must tell an applicant (or employee) about a serious unknown condition discovered during a preservice (or post-employment) medical exam. Reed v. Bojarski, #A-63 Sept. Term 1999, 166 N.J. 89, 764 A.2d 433, 2001 N.J. Lexis 8 (N.J. 1/23/01). [2001 FP 40-1]
     HHS releases standards for protecting the privacy of medical records and health information maintained by health care providers, hospitals, insurers, and clearinghouses. HHS Standards for Privacy of Individually Identifiable Health Information: 45 Code of Fed. Reg. 160.101-312; www.hhs.gov [2001 FP 9]
     Employee medical records were discoverable by subpoena where the chief seeks to involuntarily retire a disabled N.Y. police officer. Burns v. N.Y. Police & Fire Ret. Sys., #82429, 1999 N.Y. App.Div. Lexis 967, 605 N.Y.S.2d 322. [1999 FP 52]
     Police officer's privacy not violated by ordinance requiring him to divulge medical information. Gutierrez v. Lynch, 826 F.2d 1534 (6th Cir. 1987).

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