Privacy of Employee Medical Data

HR Policy Association is concerned with the emerging trend among states in establishing all-payer claims databases which require employer-sponsored health plans (or their third party administrators) to turn over to the state the confidential and sensitive information on individual participants enrolled in a company‚Äôs health plan.  Moreover, we are concerned that such state laws are an encroachment on ERISA preemption protections because the non-uniform state-level requirements interfere with nationwide uniform plan administration.  This trend, if left unchallenged, will likely continue and become even more aggressive as state health care exchanges are established under PPACA.   Importantly, the Association is not against the use of such data in making health care policy decisions.  To the contrary, large employers make many important health benefit design that are data-driven.  The Association would prefer that all such data be collected in a uniform manner at the federal level and then disseminated to state agencies as needed. Having a repository of data at the federal level would allow for use of data without encroachment on ERISA.