It’s Your Call – September 2022

OSHA: If we have an employee less than a year, are we obligated to keep their medical records?

No, the medical record can be given to the worker upon termination if they were employed less than a year. Medical records would include medical and employment questionnaires, laboratory tests, pre-employment exams, first aid records, treatment descriptions and prescriptions, medical opinions, progress notes, and recommendations. More information can be found under OSHA regulation 1910.1020(c)(6) and 1910.1020(d)(1)(i)(C).

HIPAA: By law, where should the Notice of Privacy be posted?

According to Code of Federal Regulations 164.520(c)(2)(iii)(B) and 164.520(c)(3)(i), the Notice of Privacy must be posted in a prominent location where it is reasonable to expect patients to read the notice, and it must be posted prominently on the covered entity’s web site.