Chapter VI: Medical Examinations And Inquiries
6.5 Confidentiality and Limitations on Use of Medical Information
Although the ADA does not limit the nature or extent of post-offer medical
examinations and inquiries, it imposes very strict limitations on the use
of information obtained from such examinations and inquiries. These limitations
also apply to information obtained from examinations or inquiries of employees.
All information obtained from post-offer medical examinations and inquiries
must be collected and maintained on separate forms, in separate medical
files and must be treated as a confidential medical record. Therefore,
an employer should not place any medical- related material in an employee's
personnel file. The employer should take steps to guarantee the security
of the employee's medical information, including:
- keeping the information in a medical file in a separate,
locked cabinet, apart from the location of personnel files; and
- designating a specific person or persons to have access
to the medical file.
All medical-related information must be kept confidential, with the
following exceptions:
- Supervisors and managers may be informed about necessary
restrictions on the work or duties of an employee and necessary
accommodations;
- First aid and safety personnel may be informed, when appropriate,
if the disability might require emergency treatment or if any specific
procedures are needed in the case of fire or other evacuations.
- Government officials investigating compliance with the ADA
and other Federal and state laws prohibiting discrimination on the
basis of disability or handicap should be provided relevant information
on request. (Other Federal laws and regulations also may require
disclosure of relevant medical information.)
- Relevant information may be provided to state workers' compensation
offices or "second injury" funds, in accordance with state workers'
compensation laws. (See Chapter IX
., Workers' Compensation and Work-Related Injury.)
- Relevant information may be provided to insurance companies
where the company requires a medical examination to provide health
or life insurance for employees. (See
Health Insurance and Other Benefit Plans, Chapter VII
.)
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