Q: Can my job ask and share health questions and personal identifying information?
My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to be self reported then emailed to a supervisor who then emails it to a manager who then emails it to an administrator, who then forwards this information on to my county public health department.
Is this not a HIPAA violation?
A: The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can probably refer you to a health law or employment law lawyer who could help answer your question.
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