Due to the fact this is a Global Epidemic – the CDC is releasing more information for companies to leverage to not only prepare but get up to speed at their places of work across the globe.

We’ve compiled some helpful guidelines from experts below. Also – due to the nature of this pandemic – HIPPA compliance with regards to health documentation of your employees has changed due to the nature of this pandemic. Here’s how:

Can I compel an employee to disclose a diagnosis, or that he or she has been in contact with someone who has been diagnosed with COVID-19?

->Only if the employee poses a direct threat to the health or safety of others. While the ADA generally prohibits disclosure of employee medical information, it allows an employer to require that an employee disclose health information where the employee poses a “direct threat to the health or safety of himself/herself or others.” Whether an employee poses a “direct threat” depends on: (i) the duration of the risk; (ii) the nature and severity of the potential harm; (iii) the likelihood that the potential harm will occur; and (iv) the imminence of the potential harm. Employers should consider the level of risk posed by an employee in light of the CDC’s risk factor levels discussed above.

Can I establish a voluntary disclosure process, and how?

Yes, the ADA allows for voluntary disclosure of an employee’s medical information. For example, an employer could circulate safety information and recommendations about COVID-19 and provide a confidential resource for employees to contact if they wish to disclose personal health information.

If an employee notifies me that he or she has been diagnosed with COVID-19 and/or exposed to COVID-19, is the company required to directly report to a state agency (or direct the employee to do so)?

The CDC “strongly encourages” coordination by employers with state and local health officials where the employer is aware of an affected employee so that timely and accurate information can guide appropriate local health responses. In some circumstances, depending on the job and local health department regulations, there may be mandatory reporting obligations. Employers should consult with the local health department to determine whether any of their employees fall within these categories. Where a local health department requires notification of any cases of COVID-19, employers do not need to maintain confidentiality of the employee’s identity to the agency. See 45 CFR § 164.512(b)(1)(i) (allowing covered entities under the HIPAA “to disclose protected health information, without authorization, to public health authorities who are legally authorized to receive such reports for the purpose of preventing or controlling disease, injury, or disability”; this “include[s] for example, the reporting of a disease or injury”).

Additionally, OSHA has clarified that COVID-19 is a “recordable illness” for an establishment’s injury and illness recordkeeping requirements when a worker is infected on the job.

For more information about this – visit the Paul Hastings website here.