HIPAA Employee Confidentiality Agreement
Understanding this form
The HIPAA Employee Confidentiality Agreement is a legal document used by employers to ensure that employees agree to maintain the confidentiality of protected health information (PHI). This agreement outlines the obligations and responsibilities of employees regarding the handling and disclosure of sensitive health information, complying with the Health Insurance Portability and Accountability Act (HIPAA) and related employer policies. It is essential for organizations within the healthcare sector, distinguishing it from other confidentiality agreements by specifically addressing HIPAA compliance requirements.
Main sections of this form
- Employee acknowledgment of access to confidential health information.
- Commitment to use and disclose information only for assigned job duties.
- Requirements for securing electronic health information.
- Provision for reporting unauthorized disclosures.
- Consequences for violating the agreement.
When this form is needed
This form should be used when an employer hires an employee who will have access to sensitive health information. It is crucial in scenarios where employees are required to handle patient data, ensuring that they understand their legal obligations to protect that information. The agreement is particularly important in healthcare settings, where compliance with HIPAA regulations is mandatory to avoid potential legal ramifications.
Intended users of this form
This form is intended for:
- Healthcare providers and their employees.
- Employers seeking to enforce confidentiality standards.
- Any organization handling protected health information.
- Employees who need to acknowledge their responsibilities regarding patient confidentiality.
Steps to complete this form
- Identify the employee and the employer, including the company name.
- Have the employee read the agreement thoroughly to understand their obligations.
- Provide a space for the employee to sign and date the document.
- Ensure a witness signs the document to confirm the agreement.
- Store a copy of the signed agreement in the employee's personnel file for future reference.
Does this document require notarization?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Common mistakes
- Failing to have the employee sign and date the agreement.
- Not providing adequate time for the employee to read and understand the document.
- Forgetting to appoint a witness for the signature process.
- Neglecting to update the agreement in light of changes to policies or regulations.
Why use this form online
- Convenient access to legal documents that can be downloaded at any time.
- Edit the form easily to include specific company policies or regulations.
- Reliability of using templates drafted by licensed attorneys.
Legal use & context
- The agreement is enforceable under federal law as it aligns with HIPAA regulations.
- It provides legal protection for employers against unauthorized disclosures by employees.
- Failure to comply with the agreement can result in disciplinary measures, potentially including termination.
What to keep in mind
- The HIPAA Employee Confidentiality Agreement ensures the protection of health information.
- It is crucial for employees to understand their legal obligations regarding patient data.
- Proper completion and adherence to the agreement help maintain compliance with HIPAA.
Form popularity
FAQ
Right to Privacy The HIPAA Privacy Rule gives patients and employees: The right to authorize disclosure of their health records. The right to request or inspect a copy of their health records. The right to have mistakes corrected at any time.
Ingly, to protect the Confidential Information that will be disclosed during employment, the Employee agrees as follows: Employee will hold the Confidential Information received from Company Name in strict confidence and will exercise a reasonable degree of care to prevent disclosure to others.
Examples of confidentiality clauses include: Example 1: Preventing employees from talking to the press. Example 2: Limiting the disclosure of on-site business practices. Example 3: Stopping business partners from sharing IP rights.
HIPAA laws and regulations are used in the workplace to protect the health and medical records of employees participating in an employer-sponsored healthcare plan. The laws regulate how individuals' protected healthcare information maintained by a healthcare plan can be shared with employers.
A typical confidentiality clause might say, "The phrases and circumstances of this Agreement are completely confidential between the parties and shall not be disclosed to anybody else. Any disclosure in violation shall be deemed a breach of this Agreement."
Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.
A HIPAA employee confidentiality agreement is an agreement between an employer and its employee, under which the employee agrees to: Not access, use or disclose PHI or ePHI, except when necessary to perform job duties.