Greetings All: I have a video involving one of my police officers and an EOD subject. The incident apparently resulted in injury to the officer and the officer's worker's compensation attorney wants the video to show that the injury occurred on the job. The portion of the video sought is approximately 9.5 minutes in length and does not show the face of the suspect/defendant. Any HIPPA violation in releasing the video? Am I being too conservative if I require the attorney to proceed through 42 CFR and obtain a court order for release? Thank you.

HIPAA does not apply in most employment situations. It's a doctor patient protection. This does not mean there may not be some other reason to protect it but it's not HIPAA. The information below is located at https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html Employers and Health Information in the Workplace The Privacy Rule controls how a health plan or a covered health care provider shares your protected health information with an employer. Employment Records The Privacy Rule does not protect your employment records, even if the information in those records is health-related. In most cases, the Privacy Rule does not apply to the actions of an employer. If you work for a health plan or a covered health care provider: · The Privacy Rule does not apply to your employment records. · The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan. Requests from your employer Your employer can ask you for a doctor's note or other health information if they need the information for sick leave, workers' compensation, wellness programs, or health insurance. However, if your employer asks your health care provider directly for information about you, your provider cannot give your employer the information without your authorization unless other laws require them to do so. Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask. See 45 C.F.R. §§ 160.103 and 164.512(b)(1)(v), and OCR's Frequently Asked Questions.<https://www.hhs.gov/hipaa/for-individuals/faq/index.html?language=en> OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [cid:image002.png@01D63F3E.AF9A1000]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [cid:image003.png@01D63F3E.AF9A1000] <https://twitter.com/omag1977> [cid:image004.png@01D63F3E.AF9A1000] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason Sent: Wednesday, June 10, 2020 3:38 PM To: oama@lists.imla.org Subject: [Oama] HIPPA Information Greetings All: I have a video involving one of my police officers and an EOD subject. The incident apparently resulted in injury to the officer and the officer's worker's compensation attorney wants the video to show that the injury occurred on the job. The portion of the video sought is approximately 9.5 minutes in length and does not show the face of the suspect/defendant. Any HIPPA violation in releasing the video? Am I being too conservative if I require the attorney to proceed through 42 CFR and obtain a court order for release? Thank you.