Haynes and Boone's Newsroom

New Privacy Requirements Apply to Employers
02/05/2004
Jesse J. Gelsomini, Charles F. Plenge, John M. Collins, Tiffany Walker, Susan A. Wetzel

The Fair and Accurate Credit Transactions Act of 2003 (the "Act") extends its reach to employers who receive medical information on their employees from credit reporting agencies.  These provisions of the Act take effect on June 1, 2004.  The Act’s medical privacy rules apply directly to employers; the HIPAA privacy regulations, on the other hand, apply to health plans, health care providers and health care clearinghouses, but not directly to employers.