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I think that's an understatement. Unless that data is completely anonymized, isn't it a violation of HIPAA? Isn't this illegal?
by maratd 11y ago
I think that's an understatement. Unless that data is completely anonymized, isn't it a violation of HIPAA? Isn't this illegal?
- fuhrysteve 11y agoHIPAA is probably a stretch - but certainly sounds like someone's asking for an employment lawsuit.
- dragonwriter 11y ago> Unless that data is completely anonymized, isn't it a violation of HIPAA? It sounds to me from reading various articles that Castlight is used in various ways, including to provide information and recommendations to employees. This use is probably fine under HIPAA. Information that gets sent back to employers that uses PHI from insurance claims, absent specific consent for the use intended, would seem on first glance to be a HIPAA violation on the part of the insurer. And, actually using it in a discriminatory way (which paying to gather it would be prima facie, though not dispositive, evidence of) would violate a whole lot of employment law on the employers part.
- riahi 11y agoCorrect. PHI coming from insurance claims absent a signed HIPAA release for uses related beyond "treatment/medical education, payment, and operations" would be a HIPAA violation on the part of the insurance company. Employers themselves are not HIPAA-covered entities. Insurers are however.