Mental health conversations have become more common in recent years in the workplace. This is a positive step, but it can also raise questions for employees. A common question our Colorado workers compensation attorneys hear is, “Can my employer legally view my mental health records?”
Privacy Laws Protect Your Mental Health Records
The goods news is that strict privacy laws, especially the Health Insurance Portability and Accountability Act (HIPPA), protect your mental health records. Healthcare providers are legally bound to keep this information confidential, with some exceptions such as danger to yourself or others.
Even if your employer sponsors your health insurance, they usually can’t access your mental health records due to HIPPA laws.
Some instances where your employer can legally access your mental health records:
• Reasonable Accommodation Requests
• Legal Investigations
• Voluntary Disclosure
• Employee Assistance Programs
Know Your Rights and Location
Mental health record privacy laws can vary by location and employment type. Employers must handle this information with the utmost confidentiality no matter where they’re located.
Check out our latest article to learn more!
Empower Yourself: Consult a Colorado Workers Compensation Attorney
If you have concerns about your employer accessing your mental health records, a Colorado workers compensation attorney can help. Understanding your rights allows you to make informed decisions about disclosing information and advocating for your well-being at work.
Contact us today, we’d love to help!
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