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NASA EAP
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  Employee Services
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  Organization Services
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Confidentiality

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:

  • You say or do something that seriously threatens your health or safety, such as intent to harm yourself.
  • You say or do something that seriously threatens the health or safety of someone else.
  • There is reason to suspect abuse or neglect of children or other vulnerable persons.
  • Disclosure is compelled by order of a court of competent jurisdiction.

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 |

 

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EAP Myth and Fact:

Myth: If I contact the EAP, my manager will find out and I will lose my job.

Fact: Federal law mandates that your contact with the EAP is confidential. Exceptions exist for cases which involve a threat to safety, child or elder abuse, and legal issues.

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Data:
EAP Defined
History of EAPs
EAP Core Functions
 
Additional Info:
NASA Issues
Workplace Demographics


 
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