White Paper

7 Pages
  • 7 Pages

Union Requests for Medical Information: Do You Have to Provide It?


Requests for medical information isn’t uncommon but do HIPAA rules apply to an employer?

Union representatives may ask for medical information from employers for several different reasons – grievances filed, collective bargaining, etc. The employer needs to understand what their confidentiality responsibility is in that situation. This white paper reviews both HIPAA and non-HIPAA employer confidentiality obligations; as well as potential penalties.



Jackie Damm

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Jackie Damm is the Office Managing Shareholder in the Portland, Oregon office of Ogletree Deakins, and is also a member of the firm's Traditional Labor Steering Committee. Jackie focuses her practice on all aspects of traditional labor law, including representing both public and private sector employers in collective bargaining negotiations, National Labor Relations Board proceedings, Employment Relations Board proceedings, union organizing campaigns and labor arbitrations. Jackie also has developed a significant practice in preventive labor and employment law, which includes advising clients on labor contract administration, grievances, union avoidance, leave law issues, employment discrimination, and personnel policies and procedures.

Jackie has experience handling traditional labor matters across many different industries including healthcare, utilities, manufacturing, retail, construction, warehousing, public safety, food processing, trucking and maritime.

Kelly S. Riggs

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Kelly S. Riggs is admitted to practice in Oregon and Washington and provides employment law litigation and counseling services to public and private employers of all sizes, with a special focus on working with healthcare employers.

Kelly has extensive experience representing and advising employers in the healthcare industry, including large and small health networks, hospitals, medical clinics, mental health practices, dental practices, public health districts, assisted living facilities, home care agencies, and other health-related entities. Prior to joining Ogletree in 2013, Kelly spent several years representing healthcare providers in employment, medical malpractice, licensing board, and health law matters, during which she gained a deep understanding of the healthcare environment and legal issues unique to the healthcare setting.

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