For
the purpose of the EAP, information is considered confidential when
it is
not shared with a third party without the
specific written consent of the client. All EAP services are subject
to federal regulations and local laws which enforce the practice
of confidentiality.
By both policy and practice, NASA EAP’s fully observe all
applicable statutes concerning confidentiality of clinical, medical,
and EAP records. Information regarding EAP participation is protected
by federal laws including the Confidentiality Law (42 U.S.C. §
290dd-2, 42 C.F.R. Part 2), Public Law 93-579 and the Health Insurance
and Portability and Accountability Act of 1996 (“HIPAA”)
as well as other local regulations. Under these laws, without
signed consent, and EAP Counselor will not release information
about participation with the EAP or any client health information,
except in the specific situations listed below.
An EAP is required by law and professional ethics to release
information, on a “need to know” basis, under these
specific circumstances. These exceptions to confidentiality are
described to the client in the following way during the initial
assessment:
Every effort is made to ensure that a client’s use of the
EAP is not a threat to their privacy or job security. Each client
receives a written “Statement of Understanding and Consent
to EAP Services” form which outlines these exceptions and
is offered the opportunity to discuss them prior to beginning
the counseling session. This form also explains to the client
that use of the EAP will not negatively impact their job status
and it further explains the delineation between the EAP and workplace
management.
If an employee is referred to the EAP by the employer, the counselor
may ask the employee for permission to speak with the supervisor
about work-related issues. Permission is voluntary. If provided,
the nature of any personal problems will not be discussed without
the employee's specific permission.
| EAP Defined |
History |
Core Functions |
| NASA Issues |
Workplace Demographics |