“In Virginia, at least, and probably in most states around the country, the employer has the right to terminate an employee for not providing something that is relevant to the safety of the workplace,” Barker said.īusinesses have rights to make requirements, too.Ĭorrection (July 23 at 10:20 a.m.): This article has been updated with the correct acronym for HIPAA. George Barker said employers can legally fire workers for those same reasons. Sharing it is a choice.īusinesses can turn people away who are unvaccinated or cannot show a vaccination card.ĭemocratic Virginia State Sen. Anne Gaddy, director of Alexandria City Health.Ī business or employer can ask for vaccination status and proof. “If there’s an organization asking an individual, it’s up to that individual as to whether they would provide the information or not,” said Dr. The law prohibits a third party, like a hospital or insurance company, from sharing your health information without your consent. "I think it is fair as long as people are treated respectfully and exemptions are given and accommodations are made because it does affect everyone," said Rishik.15, 16-year-olds arrested in DC crime spree, including armed robberies, carjackings Los Angeles Chamber Orchestra violinist, Susan Rishik agrees but says she believes it is important to respect individuals no matter what decision they make regarding vaccination. I know that I would want to know if somebody is vaccinated where I'm working and I would like the prerogative to not hire that person if they're not vaccinated," said Pfeffer. Suzanne Pfefer, who is visiting San Luis Obispo, said she thinks disclosing the information is reasonable and would allow her to make informed decisions in the workplace. Vaccines protect workers and help business reopen safely, and are available at no cost to everyone in the United States age 12 and older. With COVID-19 restrictions being lifted and more people returning to work, some employers and schools are requiring proof of vaccination. If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation, and employees may decide whether to provide that information to their employer. Nope, it's not illegal and HIPAA doesn't cover this. So unless you're a reporter who is employed by a hospital or an insurance company under that extreme circumstance maybe it could be a HIPAA violation, but that was just not the case," said Taylor. When President Biden proposed having public health workers canvass neighborhoods door-to-door to encourage unvaccinated persons to get a COVID vaccine, the lieutenant governor of North Carolina declared this plan was illegal due to HIPAA rules. As Nurses work diligently to provide care and educate our patients and communities during the pandemic, it is challenging and disheartening to hear. She responded by saying that the question was a violation of her HIPAA rights. These rules only apply to hospitals and and insurance companies, not individuals.Ĭongresswoman Marjorie Taylor Greene was recently asked by a reporter during a press availability in her office if she was vaccinated. Under HIPAA rules hospitals and insurance companies can get in trouble if they release confidential information to a third party. The health insurance portability and accountability act or HIPAA is a way for hospitals and insurance companies to share information efficiently and protect patients. So for an individual you might as well cite the dueling rules at Hogwarts because it has the same legal rules and effect," said Attorney Scott Taylor. "HIPAA only applies to hospitals and insurance companies. Is It a HIPAA Violation to Ask About a COVID Vaccine Here’s What Experts Say sking someone about their COVID-19 vaccination status can be a touchy subject. Recent events have sparked conversation around HIPAA rules and regulations when disclosing ones COVID-19 vaccination status. If you're wondering whether disclosing your COVID-19 vaccination status to an employer, school or any other person, is a HIPAA violation, the answer is no.
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