News & Analysis as of

Vaccinations Health Insurance Portability and Accountability Act (HIPAA) Employer Liability Issues

McDermott Will & Emery

How Employers Need to Prepare for the End of the COVID Public Health Emergency and National Emergency

On January 30, 2023, the Biden administration announced its intention to make final extensions of both the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) through May 11, 2023, at which point...more

Burns & Levinson LLP

Return-to-Office Vaccine Requirements and HIPAA Compliance

Burns & Levinson LLP on

Nearly two years since many professionals gathered in-person and on-site, the prospect of return-to-office en mass is picking up pace....more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

Epstein Becker & Green on

This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

McDermott Will & Emery

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

McDermott Will & Emery on

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more

Verrill

Myth Buster: Employers, Vaccine Information, and HIPAA

Verrill on

With the nation’s ongoing focus on COVID-19 vaccinations, you may be hearing information—and misinformation—about your obligations under HIPAA, the federal Health Information Portability and Accountability Act. In this...more

Sheppard Mullin Richter & Hampton LLP

HIPAA and COVID-19 Vaccination Status: The Office of Civil Rights Issues Workplace Guidance

“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more

McAfee & Taft

COVID vaccines: When is an employee’s vaccination status HIPAA-protected?

McAfee & Taft on

Whether an employee’s vaccination status is protected by HIPAA has been (or should be) on the minds of all human resources personnel as of late. This is especially true in the wake of the U.S. Department of Labor’s...more

Steptoe & Johnson PLLC

New HIPAA Guidance from OCR on COVID-19 Vaccines and the Workplace

Steptoe & Johnson PLLC on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy rule (the “Privacy Rule”) in the...more

Payne & Fears

[Webinar] Hot Topics in Return-to-Office Legal Issues and Accommodations - September 30th, 12:00 pm - 1:00 pm MST

Payne & Fears on

Don't miss our upcoming webinar, "Hot Topics: Return-to-Office Legal Issues & Accommodations," hosted by Jim R. Moss, on September 30, 2021 from 12:00-1:00 MST. Topics include: - Proof of vaccination and mask...more

Jackson Walker

Vaccination Incentives as Wellness Programs – Getting Back to Business Incentives

Jackson Walker on

Employers wanting to encourage employees to get vaccinated can phrase vaccination incentives as a wellness incentive program so that it is part of an outcome-based wellness program, which may include other wellness programs...more

Akin Gump Strauss Hauer & Feld LLP

UPDATE: The COVID-19 Vaccine Rollout: What Employers Need to Know

To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more

Fox Rothschild LLP

“Are You Vaccinated?” Asking, Answering, And Clarifying HIPAA

Fox Rothschild LLP on

HIPAA has been around for a quarter century, but confusion continues as to its scope and applicability. The COVID pandemic, surge in Delta variant cases, and increasing number of employer and government vaccine mandates has...more

Dentons

GINA and COVID Vaccinations

Dentons on

Since its inception, GINA has been a bit of a mystery to employers trying to determine when and how it might apply and how to take practical steps to mitigate the risk of any type of GINA claim. ...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Foley Hoag LLP

EEOC Updates COVID-19 Guidance, Authorizes Employer Vaccine Incentives

Foley Hoag LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more

Eversheds Sutherland (US) LLP

Summer vaccinations: EEOC releases updated guidance on vaccination incentives 

Just in time for the start of the summer, the Equal Employment Opportunity Commission (EEOC) has provided updated guidance on employer practices relating to COVID-19 vaccinations, including much-needed guidance on vaccine...more

Verrill

COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Verrill on

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here)...more

CDF Labor Law LLP

Collecting Employee Vaccination Status Can Create Challenges for Employers

CDF Labor Law LLP on

While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID. Compliance issues remain for employers that are now...more

Bracewell LLP

Employer Considerations in Light of Updated CDC Recommendations for Fully Vaccinated People

Bracewell LLP on

On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more

Akerman LLP - HR Defense

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,...more

Fisher Phillips

Vaccine Incentive Help is on the Way: EEOC Announces Upcoming Employer Guidance

Fisher Phillips on

Heeding calls from a consortium of over 40 business groups, the EEOC announced yesterday that it would soon provide guidance to employers across the country on workplace incentives and the COVID-19 vaccine. Noting that...more

Amundsen Davis LLC

Can I Ask My Employees If They Have Been Vaccinated?

Amundsen Davis LLC on

The short answer is: Be careful what you wish for! During this COVID-19 pandemic, vaccinations have been at the front of everyone’s mind. Now, with the mass rollout of vaccinations across the country, employers’ main...more

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