Tips for Employers to Stay Compliant With Privacy Protections Under HIPAA, ADA, and 42 CFR Part 2
When an employee requests a reasonable accommodation for a health condition, it may be confusing for employers to parse out the various privacy protections embedded in the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), and 42 CFR Part 2 (Part 2), a federal regulation restricting the disclosure of substance use disorder records. This article will explain the legal obligations under the three standards and how they intersect in this tricky area of compliance.