I have just heard a contention that HIPAA does not allow an employer to destroy medical records and reports of an employee. The employer contends that, under HIPAA, the company is obligated to maintain such records and reports indefinitely. My reaction is that such employment records (as opposed to medical records) are not subject to HIPAA and the treatment of such records is an appropriate subject for bargaining between the employees and the company. I'd appreciate hearing another opinion.

The designated record set maintained by
a Plan must be kept for 6 years. I am
not aware of any requirement that would
bind an employer to keep that information...
unless they are treated as a business
associate??

Don't you also have to be concerned about ERISA's record retention requirements?

Employment records simply are not subject to HIPAA. Only the health plan records, or those of another covered entity, are subject to HIPAA's requirements

For what purpose are the records held by the employer? IF these are records held outside of the health plan (for example, FMLA or absence records), then HIPAA does not apply.