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S1083................................................by JUDICIARY AND RULES
EMPLOYEE ASSISTANCE PROGRAMS - Adds to existing law to protect the
confidentiality of communications between providers and participants in an
employee assistance program; to limit the liability of the employer on the
basis of a communication between a participant and a provider; to prohibit
the waiver of confidentiality as a condition of participating in an
employee assistance program; and to provide an exception.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and Excused--Darrington, Twiggs
Floor Sponsor - Davis
Title apvd - to House
03/01 House intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rules susp - PASSED - 57-0-13
AYES -- Alltus, Barraclough, Bieter, Black, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Limbaugh, Loertscher, Marley, McKague, Meyer(Duncan),
Montgomery, Moyle, Pischner, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tippets, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Bell, Ellsworth, Geddes, Linford,
Mader, Mortensen, Pomeroy, Tilman, Trail, Watson, Wheeler, Williams
Floor Sponsor - Sali
Title apvd - to Senate
03/22 To enrol - rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/26 Governor signed
Session Law Chapter 366
Effective: 07/01/99
S1083|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1083 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO EMPLOYEE ASSISTANCE PROGRAMS; AMENDING THE HEADING FOR CHAPTER 2, 3 TITLE 44, IDAHO CODE; AND AMENDING CHAPTER 2, TITLE 44, IDAHO CODE, BY THE 4 ADDITION OF A NEW SECTION 44-202, IDAHO CODE, TO PROVIDE DEFINITIONS, TO 5 PROTECT THE CONFIDENTIALITY OF COMMUNICATIONS BETWEEN PROVIDERS AND PAR- 6 TICIPANTS IN AN EMPLOYEE ASSISTANCE PROGRAM, TO LIMIT THE LIABILITY OF THE 7 EMPLOYER ON THE BASIS OF A COMMUNICATION BETWEEN A PARTICIPANT AND A PRO- 8 VIDER, TO PROHIBIT THE WAIVER OF CONFIDENTIALITY AS A CONDITION OF PARTIC- 9 IPATING IN AN EMPLOYEE ASSISTANCE PROGRAM AND TO PROVIDE AN EXCEPTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That the heading for Chapter 2, Title 44, Idaho Code, be, and 12 the same is hereby amended to read as follows: 13 CHAPTER 2 14 EMPLOYER DUTIES 15 EMPLOYEE ASSISTANCE PROGRAMS 16 SECTION 2. That Chapter 2, Title 44, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 44-202, Idaho Code, and to read as follows: 19 44-202. EMPLOYEE ASSISTANCE PROGRAMS. (1) As used in this section: 20 (a) "Provider" means any professional licensed under the laws of this 21 state whose communications with clients or patients are subject to any 22 requirement of confidentiality or privilege pursuant to the laws, regula- 23 tions, or rules of court of this state and who provides professional ser- 24 vices to employee assistance program participants. 25 (b) "Participants" means employees eligible to participate in an employee 26 assistance program and all others eligible to participate in an employee 27 assistance program by virtue of their relationship to an employee. 28 (c) "Employee assistance program" means a program established by an 29 employer for the benefit and convenience of its employees pursuant to 30 which participants access the professional services of one (1) or more 31 providers regardless of who is responsible for the payment of any fees 32 charged for such services, and regardless of the type of employment or 33 business relationship, if any, that the employer has with the providers 34 involved. 35 (2) No provider shall disclose to an employer, and no employer shall be 36 entitled to obtain disclosure of, a communication from a participant that is 37 privileged from disclosure, or required to be kept confidential by a provider, 38 under the laws, regulations or rules of court of this state. No employer shall 39 be held liable in any degree on the basis of any communication between a par- 40 ticipant and a provider unless the employer actually knew, or should have 41 known, of the information communicated before the alleged breach of duty or 2 1 harm occurred. The nature of the employment or business relationship between 2 the employer and the provider shall not be a consideration in determining 3 whether an employer actually knew of the information communicated between a 4 participant and a provider. 5 (3) No participant shall be required to waive the confidential or privi- 6 leged nature of any communication as a condition of participating in an 7 employee assistance program, but this subsection shall not apply to an 8 employer's referral of an employee to a provider which is a condition of the 9 employee's continued employment.
STATEMENT OF PURPOSE
RS 08625C1
Many employers offer their employees a special benefit known
as an Employee Assistance Program (EAP). These programs offer
employees the opportunity to access counseling services for
personal or work-related problems that may be affecting their
on-the-job performance. These programs are typically above and
beyond the benefits employees already receive from their
traditional health care insurance plans.
However, a 1998 Idaho Supreme Court decision created two
problems that could result in this benefit being taken away
entirely, or for the programs to become significantly under-
utilized by employees.
First, the decision raised doubts concerning an employee's
right to confidentiality for information they communicate
during an EAP session - an advantage that has contributed
significantly to the overall success of these types of
programs. Second, the decision created the potential for
employers to be held liable for information communicated in an
EAP session - a liability employers may choose to avoid
altogether by simply cancelling the program.
This bill will clarify that information communicated in an EAP
session is privileged and confidential, and that employers do
not have a right to this information - nor can they be held
liable for information communicated during an EAP session.
FISCAL IMPACT
There will be no fiscal impact to the General Fund.
CONTACT
Name: Dawn Justice, VP Human Resources
Organization: Idaho Association of Commerce and Industry
Phone: 343-1849
Statement of Purpose/Fiscal Impact
S1083