BC Advantage - 2021 Issue 10

HIPAA, COVID-19 Vaccination, and the Workplace

1. Does the HIPAA Privacy Rule prohibit businesses or individuals from asking whether their customers or clients have received a COVID-19 vaccine?No. The Privacy Rule2 does not prohibit any person (e.g., an individual or an entity such as a business), including HIPAA covered entities and business associates, from asking whether an individual has received a particular vaccine, including COVID-19 vaccines.First, the Privacy Rule3 applies only to covered entities4 (health plans, health care clearinghouses, and health care providers that conduct standard electronic transactions) and, to some extent, their business associates.5Second, the Privacy Rule does not regulate...

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