An employer may not require medical or psychological examinations of employees, unless they are job-related and necessary for business. Employers may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.
State and local health department employees and contractors must sign confidentiality agreements before accessing confidential HIV related public health records. Such agreements shall include information of penalties for breach of confidentiality and procedures for reporting breach.
An employer that is a provider of health care (or its agent) shall not be deemed to have violated Civil Code 56.20 if it follows the requirements for disclosing medical information possessed in connection with providing health care services to the provider's patients or employing its own employees.
A health care service plan shall not release any information indicating an employee is receiving services from a health care provider under the plan to an employer, unless the employee authorizes the plan to do so.
Exemptions from Public Records Act disclosure include confidentiality of records and claims relating to group insurance for local government employees.
Individually identifiable information obtained by the Division of Workers' Compensation is privileged and not subject to subpoena in civil proceedings unless the court determines that the public interest and the purpose of this section will not be harmed by the disclosure of information. Law enforcement agencies and the district attorney's office shall have access to information and information is admissible in criminal proceedings.
A disability insurer shall not release any information indicating an employee is receiving services from a health care provider under the plan to an employer, unless the employee authorizes the plan to do so.
Any employer of a licensed vocational nurse shall report to the board the suspension or termination for cause of any licensed vocational nurse in its employ. This required reporting shall not constitute a waiver of confidentiality of medical records.
No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part.
