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Legal
Counsel > For Congregations >
Clergy and Rostered Leaders
Payroll Issues for Clergy
The Board of
Pensions offers detailed guidelines regarding the unique position of
clergy in relation to:
Health Insurance Portability and
Accountability Act (HIPPA)
It is designed to keep information related
to an individual’s health private. In general, the HIPAA Privacy Rule
does NOT apply to churches' disclosure of health related information
about its parishioners in the context of publicizing prayer requests
and prayer lists. However, good taste and overall concern for privacy
should be used in discussing personal health issues. If the
congregation is providing health care, such as a parish nurse, the
privacy rules may apply. If the congregation learns health information
from insurance records for employees, the privacy rules do apply.
More information
on HIPPA from Lutheran Services in America.
What information can the hospital or
nursing care facility release to the pastor?
The visiting pastor may be provided with the
patient’s name, location in the facility, condition in general terms,
and religious affiliation as long as the patient has not objected.
Privileged Communication
Refers to
pastoral care files. When the pastor provides pastoral care to
parishioners, such as marriage counseling or personal spiritual
direction.
Safeguarding
Children, Youth and Members
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