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SESK: Stuff Everyone Should Know · sesk.info/hipaa-phi-employment-records

A hospital's HR office keeps Dana's pre-hire physical in Dana's personnel file, as the employer. Is that file PHI?

No, employment records held as an employer are not PHI.

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  1. Yes, all health info at a hospital is PHI
  2. No, employment records held as employer are excluded ✔
  3. Only if Dana was also treated there

Why: HIPAA's definition of PHI leaves out employment records a covered entity holds in its role as employer. Dana's records as a patient would still be PHI, and other workplace laws may still protect the HR file.

Huh, didn't know that: Education records covered by FERPA are also left out of the definition of PHI.

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References

Answer: No, employment records held as employer are excluded. HIPAA's definition of PHI leaves out employment records a covered entity holds in its role as employer. Dana's records as a patient would still be PHI, and other workplace laws may still protect the HR file.

  1. 45 CFR 160.103 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-A/section-160.103
    In employment records held by a covered entity in its role as employer
    Checked 2026-10-10.
  2. 45 CFR 160.103 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-160/subpart-A/section-160.103
    In education records covered by the Family Educational Rights and Privacy Act
    Checked 2026-10-10.

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