Office of General Counsel Frequently Asked Questions about HIPAA Q. Doesn't HIPAA prevent the University from asking me to provide medical documentation when I request paid sick leave? HIPAA does not affect the University’s ability, as an employer, to request or require medical documentation before granting paid sick leave to employees. Congress and the U.S. Department of Health and Human Services recognize that employers frequently require such documentation as a way of eliminating fraudulent sick leave claims.
Therefore, University employees requesting sick leave should contact their departmental supervisor. The University reserves the right to require medical documentation (physician’s certification or other documentation) for all instances of paid sick leave. If the University requires medical documentation prior to approving paid sick leave, the documentation should be submitted directly to the Benefits Administration Office. In the case of employees who work in physical facilities or dining services, the director of these departments is authorized, in accordance with the collective bargaining agreement, to collect, audit and maintain such documentation in place of the Benefits Administration Office. No other departmental office should require, receive or retain such documentation. See University rules 3359-11-01 or 3359-26-04 for more information.
Employees who have further questions should contact the University’s Benefits Administration Office at x7092.
Q. As a faculty member at the University, may I require medical documentation from my students before granting an excused absence? Once I receive medical documentation of an absence from a student, what should I do with it? Academic units of the University are not covered by HIPAA. As a result, none of HIPAA’s protections or prohibitions applies to the University’s academic functions. However, the University recognizes that medical information is very personal and should be treated with sensitivity. Therefore, faculty members who wish to require that students provide medical documentation before absences are counted as excused may continue to do so. Faculty members who request such documentation should handle this information in as confidential a fashion as is possible and, in an effort to protect the student’s privacy, should make it a practice to either:
1) Return the documentation to the student and retain no records for their files; or
2) Shred the documentation after reviewing it and noting that the absence was excused. Faculty members who have further questions should contact their department chair or dean. Q. I have concerns about how the University is handling information related to a payment someone has made to the University. Who should I contact? Information about payments made to the University may qualify as customer information and be protected by the Gramm-Leach-Bliley Act. Therefore, you should contact Denise Moss, the University's Information Security Program Coordinator, about your concerns. However, if the payment information involves payment for healthcare services or benefits, the information may be protected by HIPAA. For concerns regarding payment for healthcare services, please contact Diane Fashinpaur, the University's HIPAA Privacy Official.
Q. I have concerns about how my health and/or benefits information is being used by the University. Who should I contact for more information? Q. I am a student or a student's parent, and I have questions about my academic information, such as how the University uses it, who has access to it, and how I can get access to it. Is there someone to whom I can direct my questions? Do you have other questions about HIPAA that have not been answered here? You may find it helpful to review the HIPAA Background Information page. If you still have questions that you think might be helpful if addressed here, please contact brummon@uakron.edu.
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