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How can you ensure privacy and confidentiality in wellness programs?

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Wellness programs are designed to promote the health and well-being of employees, which can benefit both the individual and the organization. However, wellness programs also involve collecting and handling sensitive personal information, such as health status, medical history, biometric data, and lifestyle habits. This raises ethical and legal concerns about how to protect the privacy and confidentiality of employees who participate in wellness programs. In this article, we will discuss some best practices and tips to ensure that your wellness program is compliant, respectful, and trustworthy.

本文章的要点总结

Understand key regulations:

Familiarize yourself with laws like HIPAA and ADA to ensure compliance. This helps you navigate legal boundaries and protect sensitive employee information effectively.### *Obtain clear consent:Provide transparent details about data usage and secure voluntary participation. Clear communication builds trust, making employees feel safe to engage in wellness activities.

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1 Understand the regulations

The first step to ensuring privacy and confidentiality in wellness programs is to understand the relevant laws and regulations that apply to your organization and your program. For example, in the United States, you may need to comply with the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Equal Employment Opportunity Commission (EEOC) rules. These laws and rules set standards and limits on what kind of information you can collect, how you can use it, who you can share it with, and how you can protect it from unauthorized access or disclosure. You should consult with your legal counsel and your wellness program vendor to ensure that you are aware of and follow the applicable regulations.

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André Heck

Saúde Mental do Trabalhador | Psicólogo | Coach | DE&I | Direitos Humanos | Jovens Talentos | Treinamento | Inova??o e Criatividade | Impacto Social
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As empresas est?o buscando implementar programas de bem-estar mental que v?o além das medidas tradicionais de saúde física. Isso inclui a oferta de recursos como treinamento em habilidades de resiliência, workshops sobre gerenciamento de estresse e saúde mental. A depender do pais onde a sua empresa está localizada os recurso governamentais e privados podem várias, pois ainda tem as legisla??es e quest?es dos incentivos para cada programa em particular, e temos que considerar também a multiculturalidade da popula??o da empresa.

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2 Obtain consent and communicate clearly

Another key element of ensuring privacy and confidentiality in wellness programs is to obtain informed consent from employees who choose to participate. This means that you should provide clear and transparent information about the purpose, benefits, risks, and options of the program, as well as how the data will be collected, stored, used, and shared. You should also inform employees that their participation is voluntary and that they can opt out or withdraw at any time without facing any adverse consequences. You should use plain language and avoid jargon or technical terms that may confuse or mislead employees. You should also provide multiple channels and opportunities for employees to ask questions, raise concerns, or provide feedback about the program.

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André Heck

Saúde Mental do Trabalhador | Psicólogo | Coach | DE&I | Direitos Humanos | Jovens Talentos | Treinamento | Inova??o e Criatividade | Impacto Social
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Aqui no Brasil já estamos obrigado a ter um cuidado grande com os dados individuais e coletivos por conta do Marco legal da internet (Lei 12.965/14) Com isso, seu objetivo é estabelecer direitos, deveres e garantias no meio digital. Diariamente nós nos encontramos conectados na internet., e também LGPD (Lei no 13.709, de 14 de agosto de 2018) foi promulgada para proteger os direitos fundamentais de liberdade e de privacidade e a livre forma??o da personalidade de cada indivíduo.

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3 Limit data collection and access

A third best practice to ensure privacy and confidentiality in wellness programs is to limit the amount and type of data that you collect and the people who can access it. You should only collect data that is relevant and necessary for the goals and objectives of the program, and avoid collecting data that is not directly related to wellness or that could be used for discriminatory or punitive purposes. For example, you should not collect data on employees' sexual orientation, religious beliefs, political views, or family history, unless they are relevant to the program and consented by the employees. You should also limit the access to the data to only those who need it for the program's operation, such as the wellness program vendor, the health care provider, or the wellness coach. You should not share the data with anyone else, such as your managers, supervisors, or co-workers, unless you have the employees' explicit permission or a legal obligation.

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Bob Ficken

Keynote Speaker CHRO and AI Officer
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In contrast with the above guidance, I suggest that you limit your interaction with your wellness provider to the number of employees that used their service over a specific period of time. Obtaining any data about individual employee usage of the wellness plan can lead to claims of discrimination as well as HIPAA violations. Should any wellness plan user be selected for layoff would result in an ugly episode. Another suggestion I will share is to consider increasing the maximum number of counseling appointments each employee can use. With all of the stress ordinary people carry it makes no sense to restrict their counseling appointments in any way. Train your managers to spot and quickly react to sudden changes in employee behavior.

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Judith La Frentz

Human Resources Manager
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It is critical to ensure the safety of the data you are collecting therefore, it is important to only take the data you will need and most importantly, share only on a need to know basis.

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André Heck

Saúde Mental do Trabalhador | Psicólogo | Coach | DE&I | Direitos Humanos | Jovens Talentos | Treinamento | Inova??o e Criatividade | Impacto Social
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Uma maneira boa e barata de fazer isso sem ter recursos para dispor de um sistema integrado como (AVAXpsi, Vittude etc), é criar uma pasta com os documentos de saúde individuais, os linkando ao uma planilha de alta disponibilidade online, com acesso individualizado permitindo apenas a e-mails previamente credenciados, com diferentes níveis de acesso para equipes de saúde mental e ambulatório e departamento pessoal (para dados de afastamento INSS). Assim facilita também futuramente a cria??o de métricas e estatisticas de saúde para o seu programa, e a apresenta??o utilizando com base no excel outros softwares como clikview, clicksense, powerbi.

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4 Secure data storage and transfer

A fourth tip to ensure privacy and confidentiality in wellness programs is to secure the data storage and transfer methods. You should use encryption, passwords, firewalls, and other security measures to protect the data from unauthorized access, modification, or deletion. You should also use secure and reliable platforms, devices, and networks to collect, store, and transfer the data, and avoid using public or unsecured connections or devices. You should also have a backup and recovery plan in case of data loss or breach. You should also have a data retention and disposal policy that specifies how long and where you will keep the data, and how you will delete or destroy it when it is no longer needed.

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André Heck

Saúde Mental do Trabalhador | Psicólogo | Coach | DE&I | Direitos Humanos | Jovens Talentos | Treinamento | Inova??o e Criatividade | Impacto Social
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Ocultar as fontes, garantindo o anonimato da popula??o analisada também pode se revelar um tópico importante para garantir a sustentabilidade e longevidade do programa de da coleta segura de dados em saúde.

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5 Monitor and evaluate the program

A fifth best practice to ensure privacy and confidentiality in wellness programs is to monitor and evaluate the program's performance and outcomes. You should track and measure the program's impact on employees' health, well-being, satisfaction, engagement, and productivity, as well as the program's cost-effectiveness, return on investment, and compliance. You should also solicit feedback from employees, managers, and stakeholders on their experiences, perceptions, and expectations of the program. You should use the data and feedback to identify strengths, weaknesses, opportunities, and challenges of the program, and to make adjustments and improvements as needed. You should also report and communicate the results and findings of the evaluation to the relevant parties, such as the employees, the wellness program vendor, the senior management, and the regulators.

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André Heck

Saúde Mental do Trabalhador | Psicólogo | Coach | DE&I | Direitos Humanos | Jovens Talentos | Treinamento | Inova??o e Criatividade | Impacto Social
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Preven??o e detec??o precoce: Há um esfor?o crescente em educar as pessoas sobre os sinais precoces de problemas de saúde mental, para que possam buscar ajuda o mais cedo possível. Isso ajuda a prevenir o agravamento dos sintomas e promove um tratamento mais eficaz. A detec??o precoce envolve a identifica??o de sinais e sintomas iniciais de problemas mentais antes que se tornem mais graves. A preven??o, por sua vez, engloba a cria??o de um ambiente de trabalho que promova a saúde mental, reduza o estresse e ofere?a apoio adequado aos funcionários.(Promoting Mental Health at Work: The Business Case, 2019).

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6 Foster a culture of wellness and trust

A sixth and final tip to ensure privacy and confidentiality in wellness programs is to foster a culture of wellness and trust within your organization. You should promote the value and benefits of wellness for both the individual and the organization, and encourage employees to participate in the program and support each other's health and well-being. You should also demonstrate your commitment and respect for employees' privacy and confidentiality, and address any concerns or issues that may arise promptly and effectively. You should also recognize and reward employees' achievements and contributions to the program and the organization's wellness goals. By fostering a culture of wellness and trust, you can enhance employees' engagement, loyalty, and performance, as well as your organization's reputation, image, and competitiveness.

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Aurelle Bradley, SHRM-SCP

The Culture??Connector | Top HR Operations & Workplace Culture Voice | Nectar's Top 24 HR Voices 2024 | National HR Strategist | Employee Relations & Transformation Expert
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To ensure privacy in wellness programs, cultivating a culture of wellness and trust is a priority. It's about more than just policies; it's about nurturing an environment where employees feel valued and safe. This approach involves openly communicating the importance of wellness and respecting confidentiality. By addressing concerns swiftly and empathetically, you reinforce trust.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Maha Shaheen

Talent Acquisition Lead @ Eplanet Global Pakistan | MBA
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Participants should be informed and there should be complete transparency about using their data with their constant to gain more trust and assure them about the data privacy and protection. Make sure the data should be encryptive to avoid unauthorized access and as mentioned limit the access to certain people. Those who doesn't want to disclose their participation, can add their data as anonymity to avoid future issues. Cheers!

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Baptista S. G.

Award-winning & vision bearer of innovative ideas and platforms | Global citizen |Transforms people, places, and processes | Vocal Advocate for professional and vocational trades. Researcher, Author& Management Columnist
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What else to consider - before you opt to share any information at all. Its great to PAUSE and reconsider thoughts like this; "Why do I want to share this privacy information about the wellness program? Would it be beneficial to beneficiaries or cause harm in a way to their reputation and or cause them not to feel secure about their current situations? If the risk outweighs the benefits - then you many want to consider not to share but keep confidential.

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How can you ensure privacy and confidentiality in wellness programs?

1

2

3

4

5

6

7

1 Understand the regulations

2 Obtain consent and communicate clearly

3 Limit data collection and access

4 Secure data storage and transfer

5 Monitor and evaluate the program

6 Foster a culture of wellness and trust

7 Here’s what else to consider

Employee Relations

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How can you ensure privacy and confidentiality in wellness programs?

1

2

3

4

5

6

7

1 Understand the regulations

2 Obtain consent and communicate clearly

3 Limit data collection and access

4 Secure data storage and transfer

5 Monitor and evaluate the program

6 Foster a culture of wellness and trust

7 Here’s what else to consider

Employee Relations

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