Ross, W. H., & Chen, J. V. (2007, Summer). Labor Arbitrators Consider HIPAA: Guidance for Health Care Managers. Labor Law Journal, 58, (2), 117 – 130.
With the growth of electronic medical records, U.S. Health care managers must consider privacy and security issues when devising Human Resource policies. The federal Health Insurance Portability and Accountability Act (HIPAA) has specific rules for such records. In unionized environments, labor arbitrators are now considering grievances that involve HIPAA and medical records confidentiality issues. The present paper considers the ways that arbitrators have dealt with such issues, offering advice to health care managers.
Keywords: HIPAA, privacy, medical information, grievances, arbitration