HIPAA doesn't prohibit businesses and individuals, including certain healthcare providers, from asking if someone has been vaccinated against COVID-19, according to a news release from HHS.
The Privacy Rule only applies to HIPAA-covered entities, including health plans, healthcare clearinghouses and healthcare providers that conduct standard electronic transactions, the Office for Civil Rights clarified Sept. 30. The rule regulates how and when protected health information can be used and disclosed, but not the ability to request such information.
The rule doesn't apply to employers and employment records, and it doesn't ban an employer from requiring staff to disclose if they are vaccinated against COVID-19 or provide proof of vaccination.
However, other laws, such as federal anti-discrimination laws, do address terms and conditions of employment. These rules may mandate employee vaccination information be kept confidential but "do not prevent an employer from choosing to require that all employees physically entering the workplace be vaccinated against COVID-19 and provide documentation or other confirmation that they have met this requirement, subject to reasonable accommodation provisions and other equal employment opportunity considerations."
HIPAA doesn't allow providers to disclose a patient's vaccination status without patient authorization.
Click here for more on COVID-19 vaccination requirements in the dental workplace.