![]() ![]() A healthcare provider should generally obtain the patient’s written HIPAA authorization before disclosing vaccination status or COVID-19 test results to an employer. Although the ADA permits employers to request vaccine or other COVID-related information from healthcare providers, HIPAA generally prohibits healthcare providers from disclosing protected health information (including information about vaccinations or COVID-19 tests they administered) to the employer without the patient’s written HIPAA-compliant authorization or the existence of another HIPAA exception. (45 C.F.R. (EEOC, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (“EEOC Guidance”))Ģ. Healthcare Provider Disclosures to Employers. Therefore, requesting documentation or other confirmation of vaccination by a third party in the community is not a disability-related inquiry under the ADA, and the ADA’s rules about such inquiries do not apply. When an employer asks employees whether they obtained a COVID-19 vaccine from a third party in the community, such as a pharmacy, personal health care provider, or public clinic, the employer is not asking a question that is likely to disclose the existence of a disability there are many reasons an employee may not show documentation or other confirmation of vaccination in the community besides having a disability. Under the ADA, is it a “disability-related inquiry” for an employer to inquire about or request documentation or other confirmation that an employee obtained the COVID-19 vaccine from a third party in the community, such as a pharmacy, personal health care provider, or public clinic? While the ADA limits an employer’s ability to inquiry about disabilities, the EEOC posted the following FAQ confirming that employers may ask about vaccination status: 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. HIPAA only applies to HIPAA covered entities – health care providers, health plans, and health care clearinghouses – and, to some extent, to their business associates. In general, the HIPAA Rules do not apply to employers or employment records. If my employer requires proof of my COVID-19 vaccination status, does that violate my rights under HIPAA? The Office for Civil Rights (OCR) and the Equal Employment Opportunity Commission (EEOC) both have confirmed that employers may ask employees for vaccination information. Employer Requests for Vaccination Information from Employees. ![]() Employers and healthcare providers must ensure they comply with privacy rules relating to employee vaccination information, including those imposed by the Health Insurance Portability and Accountability Act (HIPAA) and Americans with Disabilities Act (ADA).ġ. “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.Given the COVID-19 vaccine mandates, employers-including healthcare entities-will need to confirm their employees’ vaccination status. 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. 15, 16-year-olds arrested in DC crime spree, including armed robberies, carjackings ![]()
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