- An employee/client provides written permission/consent for the release of specific information. This can be done using a Consent to Inform or Release of Information form.
- The life or safety of the client or others is seriously threatened.
- Child abuse has occurred.
- EAP records are the subject of a court order (subpoena).
- Other disclosures required by applicable law.
When it comes to Employee Assistance Programs, confidentiality is a concern for both employers and employees. As an employer, it is helpful to understand the terms and processes your EAP uses to keep information confidential and ensure that your employees and your workplace are safe. The Health Insurance Portability and Accountability Act (HIPAA) rules apply to EAPs and their affiliate providers. All information that is obtained during an EAP session is maintained in confidential files. The information remains confidential except in the following circumstances: