Employee Benefit News for School, City and County Employers

The HIPAA Privacy Rule and COVID-19 Vaccine Inquiries

Written by Steve Smith | Oct 19, 2021 3:30:00 PM

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.

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.