An employee assistance program may be another type of hybrid entity, depending on how its information is transmitted and transactions are conducted. If so, the records maintained by the health clinic are subject to the same protections that apply to other covered entities. Referral only EAPs, which provide only referrals to mental health counselors are not subject to HIPAA, nor are EAPs provided through a disability income insurance policy.
Before you disclose any information to a counselor through the EAP program that you would not want your employer to know, you should ask whether the program is subject to HIPAA or has a privacy policy that governs how your medical information is used and whether a release of information is required in the event the employee seeks an accommodation for a physical or emotional problem. However, if any instances of child abuse or neglect are suspected, then the employer must report it to State or local authorities.