The Department of Health and Human Services' (HHS) Office for Civil Rights issued guidance today explaining that COVID-19 vaccine status would not be covered under Health Insurance Portability and Accountability Act (HIPAA) privacy rules.
Within its new guidance, HHS reminded that HIPAA does not apply to employer or employment records on the grounds that the rules only apply to HIPAA-covered entities like health care providers conducting electronic transactions.
It also states that HIPAA does not regulate covered entities' abilities to request information from patients and visitors. Rather, it regulates how entities use this information. So, a business associate may inquire about vaccine status but could be regulated in how they share that information.
"We are issuing this guidance to help consumers, businesses, and health care entities understand when HIPAA applies to disclosures about COVID-19 vaccination status and to ensure that they have the information they need to make informed decisions about protecting themselves and others from COVID-19," Lisa Pino, director of HHS' Office for Civil Rights, said in a statement.
Anyone want to bet on whether or not this gets challenged in court?
Rams
[This message has been edited by blackrams (edited 10-04-2021).]
Many things in life were lots easier to do at 21 in '71 than they are to do at 71 in '21. And that's taking into account I was being shot at for 1/2 of '71.
Many things in life were lots easier to do at 21 in '71 than they are to do at 71 in '21. And that's taking into account I was being shot at for 1/2 of '71.
I have no doubt but, I'm betting you still get done what needs to get done. It took a while but, I finally figured out what my ole man meant when he said, work smarter, not harder.
Rams
[This message has been edited by blackrams (edited 10-04-2021).]
Your status may not be protected but the vaccination card records should be as they have medical information on them.
I had to disclose to my employer, but that doesn't mean I want to go tell the guy on the corner. It was a yes or no question, are you vaccinated and has it been 2 or more weeks. That's it, nothing else was required but my statement and signature that I was telling the truth. My word was good enough. I suspect most businesses feel the same way and are only looking for a release of liability. I personally don't get it, why rush back to the office now after its been proven that people can work from home?
Not going to play these games anymore, there is a big difference between stating your status and producing a medical record with PHI on it. After working at a business that was governed by HIPPA rules I can tell the Vaccination Record Card is covered under HIPPA, the day its not is the day you need to worry about all of your other PHI information that they plan on deregulating. You know for your own good.
First and last name, date of birth, patient number and the product name. So they know who you are, when you were born a patient number if you provided it and what medication was dispensed.
[This message has been edited by Jake_Dragon (edited 10-04-2021).]
I knew 15 years or more ago that gov would be in the healthcare industry directly and would eventually have access to all your medical records. They want tyranny and it's already in Australia.
Your status may not be protected but the vaccination card records should be as they have medical information on them.
I had to disclose to my employer, but that doesn't mean I want to go tell the guy on the corner. It was a yes or no question, are you vaccinated and has it been 2 or more weeks. That's it, nothing else was required but my statement and signature that I was telling the truth. My word was good enough. I suspect most businesses feel the same way and are only looking for a release of liability. I personally don't get it, why rush back to the office now after its been proven that people can work from home?
Not going to play these games anymore, there is a big difference between stating your status and producing a medical record with PHI on it. After working at a business that was governed by HIPPA rules I can tell the Vaccination Record Card is covered under HIPPA, the day its not is the day you need to worry about all of your other PHI information that they plan on deregulating. You know for your own good.
First and last name, date of birth, patient number and the product name. So they know who you are, when you were born a patient number if you provided it and what medication was dispensed.
As I said, I fully expect this to be challenged in court.
As I said, I fully expect this to be challenged in court.
Rams
There is a lot of confusion. But I assure you the card they gave you is covered under HIPPA. Its up to you if you choose to protect that information or not, its not up to someone to tell you its not.
The mandate that any company over 100 employees must be vaccinated is also going to end up in court. Its going to be a nightmare for some large companies. I have been told that the lawyers will be arguing about this long after Covid is not a threat or there are no more lawyers left.
If a business will not do business with me for not disclosing my medical vaccination record card then I will find somewhere else to go.
As I said, I fully expect this to be challenged in court.
Rams
I believe that everyone should VERY CAREFULLY read and understand that press release by HHS
What I understand them to be stating is simply a restatement of existing HIPPA law as it affects COVERED ENTITIES.
That means the types of individuals and organizations are subject to the Privacy Rule.
EMPLOYERS have never been a covered entity since HIPPA's inception.
Simply put, if you voluntarily disclose your vaccination status, OR ANY OTHER HEALTH INFORMATION, to an employer they ARE NOT REQUIRED under HIPPA to keep that information confidential because they are not a "covered entity" under the privacy rule.
I do not believe that this media announcement is what some folks might be erroneously thinking it is.
In short, they can ask but YOU are not legally obligated to provide information about your personal protected health information and covered entities such as your doctor or hospital or clinic are still forbidden by law from disclosure except under very specific and limited circumstances of which your individual Covid vaccination status meets NONE of those circumstances.
This probably WILL get a court challenge but the litigation will likely not be solely focused on Covid vaccination status because many other types of personal protected health information under HIPPA "ride on the coattails" of this kind of possible intrusion, including substance abuse treatment, mental health treatment and sexually transmitted disease treatment information just to name a few.
[This message has been edited by randye (edited 10-04-2021).]
I believe that you should VERY CAREFULLY read and understand that press release by HHS
What I understand them to be stating is simply a restatement of existing HIPPA law as it affects COVERED ENTITIES.
That means the types of individuals and organizations are subject to the Privacy Rule.
EMPLOYERS have never been a covered entity since HIPPA's inception.
Simply put, if you voluntarily disclose your vaccination status, OR ANY OTHER HEALTH INFORMATION, to an employer they ARE NOT REQUIRED under HIPPA to keep that information confidential because they are not a "covered entity" under the privacy rule.
I do not believe that this media announcement is what some folks might be erroneously thinking it is.
In short, they can ask but neither you or any covered entity under the privacy rule are legally obligated to provide information about your personal protected health information.
This probably WILL get a court challenge but the litigation will likely not be solely focused on Covid vaccination status because many other types of personal protected health information under HIPPA "ride on the coattails" of this kind of possible intrusion, including substance abuse treatment, mental health treatment and sexually transmitted disease treatment information just to name a few.
So, you agree this WILL get challenged in court.............. BUT... You believe that I should VERY CAREFULLY read and understand that press release by HHS?
In what way was I mistaken in what I said? Did I suggest anything other than I would bet there's a challenge coming?
So, you agree this WILL get challenged in court.............. BUT... You believe that I should VERY CAREFULLY read and understand that press release by HHS?
In what way was I mistaken in what I said? Did I suggest anything other than I would bet there's a challenge coming?
Rams
Ron, I realize that you simply copied the article's headline but that headline is absolutely misleading.
Your individual vaccination status IS still covered under HIPPA unless you voluntarily disclose that information to an employer.
Since the employer IS NOT a covered entity under HIPPA law then the employer is NOT RESTRICTED from disclosing your vaccination status to anyone they choose to.
I'm simply attempting to clarify what the MSN article obviously garbled about the HHS press release.
NOT YOU.
You, me and everyone else are still completely within our right under HIPPA law to privacy and we ARE NOT LEGALLY REQUIRED to disclose personal private health information, (including SARS COV2 vaccination status), that we do not wish to and covered entities are also STILL REQUIRED to maintain our personal privacy.
That is all.
Additionally, since you appear to have taken umbrage at my use of the word "you" in the first sentence of my original post I will edit that post, changing the word "you" to "everyone".
The headline and the first full sentence of that News-weak article propaganda is shameful and is a good example of why a lot of this panicdemic hysteria and wild misinformation exists......and it's another reminder to me of why I rarely venture into these damn Covid threads.
[This message has been edited by randye (edited 10-04-2021).]
You, me and everyone else are still completely within our right under HIPPA law to privacy and we ARE NOT LEGALLY REQUIRED to disclose personal private health information, (including SARS COV2 vaccination status), that we do not wish to and covered entities are also STILL REQUIRED to maintain our personal privacy.
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