Are EAPs Confidential? Here’s The Real Answer to This Common Employee Question

The benefits offered by an employee assistance program (EAP) can seem so great, that it’s natural to meet them with a healthy dose of skepticism. 

Free support for mental health, financial education, leadership development, stress management, legal guidance, plus more—and it’s all confidential? For many employees, that sounds too good to be true.

Often, the root of this skepticism is fear of repercussion. Employees looking for the “catch” associated with using their EAP may worry that information will get back to their employer, threatening their job security.

Are EAPs really as confidential as they claim to be? The short answer: Yes, but with some minor caveats.

Here, we’ll explore the most commonly asked questions around the confidentiality of EAPs to help you dispel these myths to your employees once and for all. 

What do EAPs do to keep employee information confidential?

In the vast majority of situations, the services offered by an EAP to your employees are 100% confidential. This privacy extends through every touchpoint, from the initial phone call requesting services to eventual treatment.

Let’s illustrate it through an example. What happens if an employee decides to reach out to their EAP for help around substance use disorder? 

First, when an employee calls in or accesses digital resources, their data is anonymized. Their employer will only be able to see basic metrics that help track utilization and ROI, without any private or identifying information.

If this employee decides to work with a mental health professional (or any other available type of specialist), their information stays safeguarded under federal privacy laws, as well as professional ethics and legal standards upheld by the treating clinician. In layman’s terms: what happens in the sessions between employee and mental health professional, stays between them and them alone.

These confidentiality standards extend beyond potentially sensitive subject matters like mental health, too. Individuals who access any type of resource or service—including financial education and professional development—remain anonymous.

Building a healthy company culture depends on this level of trust between employer and employee. Without it, employee morale can fall, productivity can drop, and retention can plummet. When advertised accurately, EAPs can serve as a bridge to build trust within your organization. In fact, reinforcing this confidentiality is one of the most important ways to increase utilization broadly.

Are EAPs HIPAA compliant?

When thinking about confidentiality, the Health Insurance Portability and Accountability Act (HIPAA) may come to mind. 

There are several nuances to the question of whether EAPs are subject to HIPAA laws, but generally speaking, you can expect all services provided under your EAP to remain confidential. 

The specific legal guidelines around HIPAA compliance vary depending on how your EAP is structured and funded. But in most cases, an EAP like Carebridge meets or exceeds the standards of privacy laid out by HIPAA. 

Are there exceptions to EAP confidentiality?

As noted, employees can enjoy the peace-of-mind of full privacy when it comes to accessing EAP services in the vast majority of cases. However, in very rare situations, an employee’s information may be revealed due to legal necessity or through a referral of services.

Here are the details when an EAP may not abide by perfect confidentiality.

Situations with immediate risk of harm

EAPs can confidentially support employees through a range of mental health and other potentially sensitive subject matters. However, if a counselor or other mental health clinicians senses a real, immediate risk of harm to the employee or someone else, they may coordinate care with emergency services such as local crisis response support.. Additionally, if there are concerns related to suspected child or elder abuse/neglect they are required to notify proper authorities.

These situations are rare and not unique to services provided through an EAP. The topics discussed in the overwhelming majority of counseling sessions stay private unless the employee gives written consent.

Read more about mandated reporting here: https://www.ncbi.nlm.nih.gov/books/NBK560690/

Referrals

The best organizations operate as a community, helping one another grow and get the help they need. Sometimes, a team member within your organization may refer an employee to a particular EAP service in hopes of offering a personalized way to help. 

To some, this may appear like a breach in confidentiality. But in reality, it’s still an employee’s choice to use or not use the referred service(s). And, if the employee decides to move forward seeking help, they are still safeguarded by all of the confidentiality standards inherent in their EAP; their identity and services requested remain completely anonymous to their employer and the person who referred them.

We all have a part to play in creating a supportive work environment, but managers in particular can have an outsized impact. While you can’t expect them to play the part of a mental health professional, their role in helping employees with their mental health can’t be ignored. To that end, referring employees to your EAP should be seen as more helpful to the health and wellbeing of your organization, and less as an intrusive suggestion.

The safe, effective, and confidential support your team needs

Confidentiality is just one question keeping employees from raising their hand for help. The right EAP partner will help them overcome this and every other barrier to receiving support. Contact Carebridge EAP to learn how: Reach Out Today