content recording & added hippa material
listed below
no CLE credit for the recording
idph emergency rules
&
covid-19:
What Every Attorney Needs to Know to Manage their Firm
and Advise Their Clients
Tuesday - september 15, 2020
[1 hour cle credit approved]
Please join the McLean County Bar Association in welcoming Mr. Brendan Bukalski from the Johnson Law Group. So much of COVID-19 is unprecedented. As business owners and operators as well as attorneys who advise businesses, navigating the complexities of the Illinois Department of Public Health (IDPH) administrative code can be difficult at best. Figuring out what you or your client must and should do is essential. The goal of this CLE will help provide information on exactly these issues.
Program Schedule
|
When:
Time: Where: |
Tuesday, September 15, 2020
11:50 - Check-in Begins 12:00 - 1:00 - Program - Presentation and CLE Zoom |
materials
ADDED MATERIALS
After the CLE, I realized that I had not addressed issues of confidentiality relating to positive COVID results. All of the recommendations from the IDPH and the CDC warn that disclosure of test results could violate HIPAA, and caution about doing so without consent or authorization first. Even where an employer is not in violation of HIPAA upon disclosure that an employee has COVID, we want to protect ourselves and our clients as employers from any possible action. No guidance is really given in anything that I've seen as to what form that consent or authorization should take. Suffice it to say that in most businesses, it is likely people will "know" why a particular employee is out all of a sudden, even if the reason is left unsaid.
However, based on my reading, I recommend seeking consent, preferably in writing, or, if unable to get written consent, then documenting oral consent given. Given the emergency nature of the rules and the circumstances of COVID, I think a formal typed consent form may be unnecessary, and, at a minimum, a text or email from someone consenting to disclosing their identity may suffice. I think it's likely that prospective consent, although better than nothing, may be insufficient, unless it makes absolutely clear when and how it can be revoked/withdrawn by the employee.
I hope that gives some information for those curious about disclosure of employee test results, and am sorry it hadn't been included in the presentation yesterday. Please see the below information related to HIPAA and COVID for further reading, if interested.
Brendan Bukalski
However, based on my reading, I recommend seeking consent, preferably in writing, or, if unable to get written consent, then documenting oral consent given. Given the emergency nature of the rules and the circumstances of COVID, I think a formal typed consent form may be unnecessary, and, at a minimum, a text or email from someone consenting to disclosing their identity may suffice. I think it's likely that prospective consent, although better than nothing, may be insufficient, unless it makes absolutely clear when and how it can be revoked/withdrawn by the employee.
I hope that gives some information for those curious about disclosure of employee test results, and am sorry it hadn't been included in the presentation yesterday. Please see the below information related to HIPAA and COVID for further reading, if interested.
Brendan Bukalski
CONTENT RECORDING
no CLE credit for the recording