HIPAA has been round for 1 / 4 century, however confusion continues as to its scope and applicability. The COVID pandemic, surge in Delta variant circumstances, and rising variety of employer and authorities vaccine mandates has triggered a brand new wave of curiosity in different folks’s’ vaccination standing. Many individuals are stunned to study that HIPAA doesn’t stop you from asking or answering the query “Are you vaccinated?”
Fellow Fox companion Invoice Maruca was just lately interviewed by his native (Pittsburgh) NPR affiliate on this piece: UPMC’s New CEO Says No Vaccine Mandates, Will Focus On Training.
Right here’s an excerpt:
There have been questions, and misunderstandings about what’s and isn’t authorized for an employer, healthcare supplier and even particular person to find out about others’ vaccination standing. For instance, Republican Consultant Marjorie Taylor Greene of Georgia has mentioned reporters asking about her vaccine standing is a violation of the Well being Insurance coverage Portability and Accountability Act (HIPAA).
That’s completely incorrect,” says Invoice Maruca, an lawyer at Fox Rothschild LLP and skilled in well being care legal guidelines, together with HIPAA.
In the event that they have been to ask her physician if she was vaccinated, that might be lined by HIPAA and her physician wouldn’t be permitted to disclose that data. … Asking her immediately will not be a HIPAA violation, however she doesn’t must reply.”