Am I violating HIPAA laws by asking my employees the particular reasons why they were sick on a previous day? 11-17-2009

Ann Kiernan replies:

No. As we explained in our May, 2003 eNews, the sweeping medical privacy regulations issued under the Health Insurance Portability and Accountability Act (HIPAA), do not apply if the health information you receive is in connection with an "employment-related purpose", such as verifying the reason for leave. However, be aware that all employee health information must be held in strict confidence under state and federal law, so make sure you and your HR department keep all worker health information under lock and key or in password-protected files.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.