The Health Insurance Portability and Accountability Act (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.
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Last Updated: 2/18/26