As vaccine mandates increase and passports are implemented, many people are asking whether demanding to know a person’s vaccine status is a violation of the HIPAA law. Following are common questions and answers about HIPAA, answered by Dr. Robert Shmerling, senior faculty editor for Harvard Health Publishing.
- Is it true that you’re not required to answer questions about your medical condition? No. HIPAA rules only apply to something called “protected health information” (PHI) and only prohibits that information from being shared with others without your consent.
- What info is included in your PHI? According to Becker’s Hospital Review, besides your name, address and birth date, the PHI could also contain information about certain health conditions and the care you received for them, as well as how much you were charged and how much you paid for them.
- Who has access to your PHI? Any health care provider and the billing services they use can see your private health care information. Your insurance company also sees these things.
- Most importantly, does HIPAA prevent anyone from asking about your vaccination status? No. Anyone can ask; whether you answer or not is up to you. However, medical providers as well as businesses and your employer may ask for proof of vaccination.
However, according to Shmerling, if you do not disclose vaccination status to your employer when requested, "you will likely be considered unvaccinated, and that could lead to changes in how or where you work, or even to loss of your job. But again, that’s unrelated to HIPAA."
SOURCE: Becker’s Hospital Review, August 25, 2021