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The HIPAA Privacy Rule and COVID-19 Vaccine Inquiries

The HIPAA Privacy Rule and COVID-19 Vaccine Inquiries

1.5 minute read

The Department of Health and Human Services issued FAQs on the application of the HIPAA Privacy Rule regarding the COVID-19 vaccine and the workplace.

Here’s an overview of the FAQ guidance:

  • The HIPAA Privacy Rule doesn’t prohibit any person or entity from asking whether an individual has received a COVID-19 vaccine.
  • The Privacy Rule doesn’t prevent an individual from disclosing whether he or she has been vaccinated against COVID-19.
  • The Privacy Rule generally does prohibit a doctor’s office from disclosing whether an individual has received a COVID-19 vaccine to the individual’s employer or others.
  • Some federal or state laws do address terms and conditions of employment. Also, some may address whether individuals are required to disclose whether they have received a vaccine under certain circumstances.

Download the bulletin for more details.

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This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.

National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Steve Smith

Steve Smith

Steve Smith, Employee Benefits Consultant for National Insurance Services, has his energy level permanently set at “high.” His maxim is “work hard, play hard.” Steve’s an expert in getting groups of people working together for a higher cause. Minnesota schools, cities, and counties rely on Steve’s unique and creative ideas of engaging employees in their own health and wellness to lower utilization trends. He has 20+ years in the health insurance field doing compliance, cost mitigation, utilization, analytics, wellness plans, and strategic planning. Steve is a licensed insurance agent and holds the designations for Managed Healthcare Professional (The Health Insurance Association of America), Certified Patient Protection and Affordable Care Act Professional (National Association of Health Underwriters), and Group Benefits Disability Specialist (Hartford School of Insurance). He specializes in Employee Benefits Consulting for Minnesota schools, cities, and counties including fully insured, self-insured, and stop-loss plans.