HIPAA Work Force
HIPAA defines the workforce to include "employees,
volunteers, trainees, and other persons whose conduct, in the performance of
work for a Covered Entity, is under the direct
control of such entity, whether or not they are paid by the covered entity."
Fairfax County workforce members covered by HIPAA at this time include those
individuals working or acting on behalf of the Fairfax County Health Plan, the
Fire and Rescue Department, the Health Department, the Fairfax-Falls Church
Community Services Board, and the medical programs of the.Office of Partnerships.
Persons who do not fall in these categories, but nonethless
perform services on behalf of the covered entity, would be considered
part of the workforce of business associates. Business Associates
will be defined by a Fairfax County Business Associate agreement
in which Fairfax County will define its expectations of the
business associates to comply with the privacy protections of
HIPAA.
HIPAA applies to the provision of health care services and
the administration of health plan responsibilities for those
employees, volunteers, and trainees who work within the agencies
covered by HIPAA.
HIPAA exempts information contained in employer records from
the provisions of the Privacy Rule. Therefore, health information
related to occupational injury, workplace medical surveillance,
drug screening, family medical leave, and sick leave justifications
is not considered protected health information within HIPAA,
but it will continue to be maintained under the applicable provisions
of the Virginia Worker's Compensation Law, the Occupational
Safety and Health Administration standards, the Alcohol and
Drug Free Workplace Guidelines, the Family Medical Leave Act,
and other federal and state law, and County policies.