QUESTION:    As we continue to employ more physicians, we have spent a fair amount of time trying to manage the files related to these individuals. At this point in time, “personnel files” live in our HR department, while our confidential medical staff files live in the Medical Staff Services Department.  But where should we keep the health records of employed physicians when there has been a disclosure of a condition like Parkinson’s or ADHD?

ANSWER:    The Americans with Disabilities Act (“ADA”) places certain restrictions on the manner in which employee health information may be stored.  The regulations implementing the ADA state that such information must be stored in a confidential manner that is only accessible by supervisory personnel and first aid workers.  This approach is explained in the Equal Employment Opportunity Commission’s (“EEOC”) guidelines, which state that:

The ADA requires employers to treat any medical information obtained from a disability?related inquiry or medical examination (including medical information from voluntary health or wellness programs), as well as any medical information voluntarily disclosed by an employee, as a confidential medical record. Employers may share such information only in limited circumstances with supervisors, managers, first aid and safety personnel, and government officials investigating compliance with the ADA.

Accordingly, whenever information related to an employed physician’s health is disclosed, there is no hard and fast rule on where the information is physically stored.  The primary concern is limiting the accessibility of that information to those who have a “need to know,” i.e., a supervisor or manager who may be involved in developing any necessary accommodations related to the employee.

For answers to more of your credentialing questions, including tips on how best to organize and maintain access to your confidential files, please join us this fall for “The Credentialing Clinic” at the New York Marriott Marquis in The Big Apple or contact us about having The Credentialing Clinic come to you!