COVID Vaccination Policies and HIPAA

[ladycody, BSN, RN]

HIPAA keeps getting hauled out into conversations revolving around Covid vaccination policies. 

Can we all....as nurses for whom understanding and agreeing to follow HIPAA is an integral part of licensure and employment in this field ...can we all take a moment or two to make sure we understand what,  exactly, HIPAA actually IS before using it in a discussion?!?!?  It's frightening how many seem to have NO IDEA what the heck it is... but reference it with attitude and all sorts of incorrectly appropriated indignation. ?

It's embarrassing....stop it.  Do some learnin.

[Horseshoe, BSN, RN]

It's also embarrassing and annoying when elected officials in Congress do it. 

Hint: It's not a HIPAA violation when someone asks about your vaccination status or requires proof of vaccination for a given activity.

[NRSKarenRN, BSN, RN]

From HHS:

If my employer requires proof of my COVID-19 vaccination status, does that violate my rights under HIPAA?
 

Quote

 

In general, the HIPAA Rules do not apply to employers or employment records. HIPAA only applies to HIPAA covered entities – health care providers, health plans, and health care clearinghouses – and, to some extent, to their business associates. 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.

Vaccines protect workers and help business reopen safely, and are available at no cost to everyone in the United States age 12 and older. However, if you are unvaccinated and returning to work in person, there are steps you can take to protect yourself and others in the workplace.

 

 

[SpaceCadet77]

On 8/14/2021 at 10:27 AM, Horseshoe said:

It's also embarrassing and annoying when elected officials in Congress do it. 

Hint: It's not a HIPAA violation when someone asks about your vaccination status or requires proof of vaccination for a given activity.

True, it isn't a violation of HIPAA to ask these questions. It is a violation of privacy to demand proof of vaccination in order to obtain or retain a job (which WOULD require providing your medical record). Requiring vaccination status is no different than requiring HIV status or any other aspect of your medical history that doesn't affect your ability to do your job. 

Please don't counter with an argument that possibly being COVID positive affects your ability to do the job. It is incumbent upon the professional to use standard precautions, the employer to facilitate respiratory precautions and environmental safety measures.  A healthcare provider's medical history and vaccination status should remain private and is irrelevant. 

[toomuchbaloney]

20 minutes ago, SpaceCadet77 said:

True, it isn't a violation of HIPAA to ask these questions. It is a violation of privacy to demand proof of vaccination in order to obtain or retain a job (which WOULD require providing your medical record). Requiring vaccination status is no different than requiring HIV status or any other aspect of your medical history that doesn't affect your ability to do your job. 

Please don't counter with an argument that possibly being COVID positive affects your ability to do the job. It is incumbent upon the professional to use standard precautions, the employer to facilitate respiratory precautions and environmental safety measures.  A healthcare provider's medical history and vaccination status should remain private and is irrelevant. 

Vaccination status is a matter of public health in many states and the information can be accessed in a database. Requesting, requiring or expecting proof of immunization to qualify a person for an activity or access to something is not an invasion of privacy. 

One of the standard precautions long utilized by health employers to protect staff and patients is a requirement or expectation for vaccination against vaccine preventable diseases. The vaccination status of nurses has been the relevant interest of employers your entire American life. 

[chare]

21 minutes ago, SpaceCadet77 said:

True, it isn't a violation of HIPAA to ask these questions. It is a violation of privacy to demand proof of vaccination in order to obtain or retain a job (which WOULD require providing your medical record). ...

[...]

Really?  Perhaps you'd explain this to my employer; they have required proof of flu vaccination for the past several years, and now require proof of COVID vaccination as well.

[lifelearningrn, BSN, RN]

4 hours ago, SpaceCadet77 said:

True, it isn't a violation of HIPAA to ask these questions. It is a violation of privacy to demand proof of vaccination in order to obtain or retain a job (which WOULD require providing your medical record). Requiring vaccination status is no different than requiring HIV status or any other aspect of your medical history that doesn't affect your ability to do your job. 

 Please don't counter with an argument that possibly being COVID positive affects your ability to do the job. It is incumbent upon the professional to use standard precautions, the employer to facilitate respiratory precautions and environmental safety measures.  A healthcare provider's medical history and vaccination status should remain private and is irrelevant. 

It's not the same thing.  Schools require vaccine records. Colleges require vaccine records (I had to provide titers to get into nursing school as well as get new vaccines including flu).  Many employers require certain vaccines as a condition of employment. 

[lifelearningrn, BSN, RN]

It's in the best interest of most employers to require vaccines for highly communicable diseases, for no other reason than to curve absenteeism. 

It's hard to run a business when your employees are all sick or in quarantine.

[Guest1171160]

16 hours ago, chare said:

Really?  Perhaps you'd explain this to my employer; they have required proof of flu vaccination for the past several years, and now require proof of COVID vaccination as well.

They can do this. It is not a HIPAA violation to ask you for proof of flu vaccine or COVID vaccine for a condition of employment, that then gets put in and becomes part of your employee record.  It is only a HIPAA violation if they were to try to get the records from your doctor directly without your consent or having signed a HIPAA form from that doctor to give your employer consent to get your records. But you giving your employer the information or them asking is not a violation.