The Equal Employment Opportunity Commission (EEOC) recently issued advice for employers to help avoid any potential violations of anti-discrimination laws, such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). ![]() Compliance with Other Federal, State, and International Laws Furthermore, several states have passed laws – or are considering laws – that prohibit employers in the public sector from asking employees about their vaccine status. For instance, requiring employees to disclose additional health information such as the reason why they are not vaccinated could potentially violate federal laws. If an employer is running their own vaccination program and an employee chooses to have their vaccine privately, that individual may have to authorize their healthcare provider to disclose certain information about their vaccine to their employer as proof that they have been vaccinated.Īsking about vaccine status would not violate HIPAA but it is possible that other laws could be violated. It would however be a HIPAA violation for the employee’s healthcare provider to disclose that information to the employer unless the individual had provided authorization to do so. It would not be a HIPAA violation for an employer to ask an employee’s healthcare provider for proof of vaccination. If an employer asks an employee to provide proof that they have been vaccinated in order to allow that individual to work without wearing a facemask, that is not a HIPAA violation as HIPAA does not apply to most employers. However, HIPAA only applies to HIPAA-covered entities – healthcare providers, health plans, and healthcare clearinghouses – and their business associates. Vaccination information is classed as PHI and is covered by the HIPAA Rules. ![]() So how does HIPAA relate to requests for proof of vaccine status? HIPAA and Proof of Vaccine Status However, HIPAA only applies to certain organizations and businesses. Other uses and disclosures generally require consent to be provided by the individual in writing. The HIPAA Privacy Rule limits uses and disclosures of individuals’ PHI to uses and disclosures required for treatment, payment, or healthcare operations. Protected health information is commonly referred to as PHI. Personal details such as whether or not an individual has been vaccinated against COVID-19 comes within the “provision of care” classification of health information that should be protected when it can be combined with other personal details (i.e., name, social security number, etc.) that can identify the individual. The Health Insurance Portability and Accountability Act (HIPAA) was created primarily to modernize the flow of healthcare information, stipulate how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and address limitations on healthcare insurance coverage. Several organizations have also raised concerns that asking employees to provide proof of being vaccinated against COVID-19 in order to avoid wearing a facemask, maintain social distancing, or self-isolate after exposure to an infected person may also be a violation of HIPAA. Greene who is unsure about the purpose of HIPAA and who it applies to. Greene told reporters that asking her about her vaccine status was a HIPAA violation, but this was not correct as HIPAA does not apply in such situations. Marjorie Taylor Greene, (R-Ga) was asked whether she had been vaccinated, as she had refused to wear a mask on the House floor in breach of House rules. The confusion was highlighted recently when, on May 18, 2021, Rep. Is it a HIPAA Violation to Ask for Proof of Vaccine Status?Īccording to several media sources, there appears to be a degree of confusion about the purpose of HIPAA and HIPAA compliance, who it applies to, and whether asking someone if they have had a COVID-19 vaccine constitutes a HIPAA violation.
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