Confidentiality is an important element of data protection legislation and a cornerstone of a physician`s fiduciary duties. During the employment, the employee may have access to personal health information (« PHI ») that relates to clients or patients of the provider. PHI may consist of medical records, settlement and financial records or individually identifiable health information. PHI is protected by the Health Insurance Portability and Accountability Act (« HIPAA »). HIPAA provides access to the PHI on a « need to know » basis. Therefore, voluntary access to the PHI or circumvention of PHI security protocols, unless authorized, is prohibited. Patients pass on some of their most sensitive personal data with their doctors and doctors, who are themselves required to ensure that the information entrusted to them is treated safely and confidentially. A physician`s staff and staff have a common responsibility to carry out these obligations, but the ultimate responsibility lies with the physician. HipAA (Employee) Non-Disclosure Agreement (NDA) is for healthcare professionals. The Health Insurance Portability and Accountability Act (HIPAA) (Public Act 104-191) provides rules for medical personnel, hospitals, insurance companies and other health care providers that provide health information electronically. « Health information » refers to medical records, billing and financial data, or any identifiable health information.
Employers who are regulated by HIPAA should have a HIPAA NDA run to ensure that the employee is informed of the limitations of patient data and to establish documentation on the employer`s diligence. The CMPA encourages members to require their employees and employees to sign a « confidentiality/non-disclosure agreement » [PDF] as they can tailor members and use them in their practice. It may be advantageous for the agreement to be renewed each year. This agreement helps ensure that staff and staff understand their obligations, encourages compliance with confidential patient information and provides valuable patient safety. (a) relationships. Nothing included in this agreement is considered a partner, joint venture or worker of the other party for any purpose.