OCR Issues Guidance on COVID-19 Vaccination Disclosures and HIPAA

Rivkin Radler LLP
Contact

Rivkin Radler LLP

On September 30, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it issued guidance to clarify that the HIPAA Privacy Rule does not prohibit businesses from asking customers, clients or employees to disclose their COVID-19 vaccination status. OCR felt compelled to weigh in after chronic widespread ignorance of HIPAA requirements combined with rampant vaccine misinformation to create a perfect storm of nonsense.

HIPAA applies only to covered entities (healthcare providers, health plans, and healthcare clearinghouses) and their business associates, and not to stores, restaurants, stadiums, or other non-healthcare entities or individuals. HIPAA also does not cover employment records, even employment records held by covered entities or business associates in their capacity as employers.

Under existing federal guidelines, companies may require that their employees be vaccinated, subject to certain exceptions for medical reasons and religious beliefs, as discussed here. Additional federal standards on COVID-19 vaccines and testing for workplaces are expected soon, as discussed here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Rivkin Radler LLP | Attorney Advertising

Written by:

Rivkin Radler LLP
Contact
more
less

Rivkin Radler LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.