Why are pre-employment physicals not protected by HIPAA?

Pre-employment physicals are not protected by HIPAA because they are considered to be part of personnel records rather than patient care records. HIPAA, the Health Insurance Portability and Accountability Act, primarily governs the privacy and security of health information related to individuals receiving treatment from healthcare providers. Since pre-employment physicals are conducted for employment purposes and not for the purpose of providing care to a patient, they do not fall under HIPAA's protections.

The focus of HIPAA is on safeguarding information related to the treatment of individuals in a clinical setting, ensuring that patient-specific data is kept confidential. Because pre-employment physical examinations are performed as part of the hiring process and are linked to employment rather than healthcare delivery, the details of these physicals are treated as part of the employer's human resources records, which have different regulations regarding privacy and confidentiality. This classification clarifies why the privacy standards established by HIPAA do not apply to this scenario.