When you start a new job, you’ll likely be asked to sign up for your employer’s health insurance plan. This is a great way to get affordable health coverage, but it’s important to understand what your employer can and cannot see about your healthcare.

HIPAA Protects Your Privacy

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of your health information. This law applies to all health insurance companies, healthcare providers, and employers.

Under HIPAA, your employer cannot see your medical records without your permission. This includes information about your diagnosis, treatment, and medications. Your employer also cannot use your health information to make decisions about your employment, such as hiring, firing, or promoting.

Exceptions to the HIPAA Privacy Rule

There are a few exceptions to the HIPAA privacy rule. For example, your employer can see your health information if:

You give them written permission.
They need to know for a specific purpose, such as providing you with a covered benefit.
They are required to disclose your information for a legal reason, such as a court order.

Employer-Sponsored Health Plans

If you have an employer-sponsored health plan, your employer may have access to some general information about your healthcare. For example, they may know how much you spend on healthcare each year and what types of services you use. This information can help them make decisions about their health plan, such as what benefits to offer and how much to charge for premiums.

Self-Insured Plans

Some employers self-insure their health plans. This means that they pay for their employees’ healthcare costs directly, rather than through an insurance company. If your employer has a self-insured health plan, they may have more access to your health information. However, they are still required to comply with HIPAA and cannot use your health information to discriminate against you.

What to Do If You’re Concerned About Privacy

If you’re concerned about your employer’s access to your health information, you can talk to your doctor or a healthcare professional. They can help you understand your rights under HIPAA and can provide you with resources to help you protect your privacy.

You can also contact the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) if you believe your privacy rights have been violated. The OCR can investigate your complaint and take action against your employer if necessary.