(5) Disclosure of PHI by a Doctor’s Office As such, a covered entity or business associate may require its workforce to provide documents that show their vaccination against COVID-19.
Because the Privacy Rule does not apply to employment records, it does not regulate the type of information that can be requested from employees by a covered entity or business associate. (4) Covered Entities, Business Associates and their WorkforceĪ covered entity or business associate may require its employees to disclose their vaccine status. As a result, the Privacy Rule does not prevent an employer from requiring an employee to disclose vaccine status. The Privacy Rule does not apply to any employment records, including if the employment record is held by a covered entity or business associate acting in their capacity as employers. (3) Requiring Disclosure of Vaccine Status to Other PersonsĪnother common question is whether an employer may require an employee to disclose their own vaccine status to the employer, clients or third parties. A “business associate” is a vendor of a covered entity that provides a service using patient or health plan member information, such as certain law firms, consultants or data storage companies. hospitals and doctors’ offices) and health plans. “Covered entities” include health care providers (e.g. The Privacy Rule does not prevent any person from disclosing their own health information it only governs disclosure by covered entities and their business associates of patient or health plan member information. There has been some confusion as to whether an individual is allowed to disclose their own vaccine status. HIPAA does not apply when an individual is asked about their vaccination status by a school, employer, restaurant, entertainment venue or another individual. (1) Asking Customers or Clients about COVID-19 vaccine status.Īny individual or business may ask any person for their vaccine status. We have summarized some of the key information below. On September 30, HHS released guidance to clarify some of these issues. HIPAA does not and has never applied to health information employers hold about employees in human resources or personnel files. Some have mistakenly thought that HIPAA restricts disclosure in the workplace setting. Also, here's what you need to know about COVID-19 booster shots.As more workplaces mandate vaccinations, employers and employees alike have experienced confusion about COVID-19 vaccine status and the HIPAA Privacy Rule (the “Privacy Rule”). Information on you that has been deidentified, meaning all personally identifiable information has been removed.įor more details, here's what the World Health Organization and CDC are saying about where to wear a mask today.Health information for someone who's been deceased for more than 50 years.Your health information in education records.
Most other health information about you being held by those who must follow these laws.Billing information about you at your clinic.Information about you in your health insurer's computer system.Conversations your doctor has about your care or treatment with nurses and others.Information your doctors, nurses and other health care providers put in your medical record.This is what the HIPAA law protects, according to HHS guidance: (It would be a violation, however, if your health care provider shared that information with your employer without your consent.) You can choose not to provide that information, but there could be consequences if you refuse to disclose your status. According to HHS, for example, it is not a HIPAA violation for your employer to ask for proof of vaccination.
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