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Which law restricts the disclosure of an employee’s medical records?

The Family and Medical Leave Act

The Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act (HIPAA) is the law that specifically restricts the disclosure of an individual's medical records. HIPAA protects patient privacy by establishing national standards for the protection of health information. This law applies to health care providers, health plans, and other entities that handle or transmit patient health information electronically.

Under HIPAA, an employee's medical records are considered protected health information (PHI), and unauthorized disclosure of such information can lead to legal penalties. Employers must implement safeguards to ensure that this information is not disclosed without the consent of the employee, thereby maintaining confidentiality and privacy.

Other laws mentioned may have indirect implications for medical information but do not primarily focus on data privacy and medical records. For instance, the Family and Medical Leave Act provides employees with the right to take leave for health reasons, but it does not govern the confidentiality of medical records. The Americans with Disabilities Act has provisions related to the handling of medical information concerning disabilities but does not offer the broad protections regarding all medical records that HIPAA does. The Worker Adjustment and Retraining Notification Act is related to plant closings and layoff notices rather than health information privacy.

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The Americans with Disabilities Act

The Worker Adjustment and Retraining Notification Act

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