Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Disclosure of COVID-19 Testing Results and Medical Privacy

March 28, 2020 by Hien Nguyen

[Download print-friendly PDF here]

As the number of confirmed COVID-19 cases increase each day, public safety employees are understandably concerned about exposure to the virus at work. Employers also want to ensure that employees who contract the virus are isolated or quarantined in order to minimize the risk of exposing co-workers to the virus. Prompt identification of employees with symptoms of COVID-19 often leads to assertions that employees showing symptoms of COVID-19 should be tested; both to document a work-related illness and to identify employees who should be removed from the workplace to protect other employees from exposure.

The extent to which public employers can require their employees to undergo COVID-19 testing and whether those employers are entitled to know the results of such a test are increasingly being asked by employees. As a general matter, we assume employees who strongly believe they have been exposed to COVID-19 or are exhibiting signs of the virus would want to be tested in order to take appropriate action to address the situation and treat any actual infection. But what about an employee who does not believe he or she has been exposed or is infected? Can the employer force the employee to submit to a coronavirus test?

The Equal Employment Opportunity Commission has advised that employers may ask employees if they are experiencing symptoms of COVID-19, measure an employee’s body temperature, and send employees home if they exhibit symptoms of COVID-19. But what about requiring employees to be tested for COVID-19? Generally speaking, employers can only require existing employees to undergo medical examinations when there are objective indications an employee is unfit to perform the essential functions of their jobs or would pose a significant health and safety risk to co-workers and the public. Currently, the Center for Disease Control does not recommend testing anyone for COVID-19 unless there is reason to suspect the employee has come in contact with an infected individual. If the employer does believe an employee has been exposed to COVID-19 or an employee otherwise showing symptoms of the virus, an employer could require the employee to be tested for COVID-19 and the employer would be responsible for the cost of the test.

The result of a COVID-19 test is protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA) and similar California laws. Those laws generally prohibit disclosure of a person’s protected health information. However, HIPAA permits disclosure of otherwise confidential health information under certain circumstances, including the national health risk created by the spread of COVID-19. Additional exceptions apply to first responders.

The U.S. Department of Health and Human Services Office of Civil Rights and the California Department of Fair Employment and Housing recently published information on the applicability of HIPAA to protected health information relating to COVID-19 for law enforcement, paramedics, other first responders and public health authorities (downloadable PDF's below). The publications indicate that COVID-19 test results for public safety employees can be disclosed under certain conditions, by health care providers and received by employers during the current health emergency. Before disclosing otherwise protected health information, however, the entity in possession of the information must make reasonable efforts to limit the disclosure solely to information that is necessary to accomplish the purpose of the disclosure. Therefore, even when disclosure is permitted, the amount and types of information disclosed should be limited to the particular need for the information. Links to the publications can be found below.

Please contact our office for further clarification on this developing situation.

Disclaimer: Case law and analysis can change over time. The information in this article is accurate as of the date the article was written and should not constitute legal advice. Always consult with an attorney.

Filed Under: Bulletins

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.