My company HR is saying that since the company isn't a medical provider, HIPPA doesn't apply so they can demand to know my vaccine status. I don't think that's correct is it?
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HiPAA applies across the board, and nobody except you is privileged to your medical information. Tell 'em to pound sand.
Any company that handles, or plans to handle personal health information falls under HIPAA, regardless of their industry.
I work in finance and we are trained annually on this.
They are depending on you to be ignorant of the laws...or too lazy to look them up.
Call their bluff.
With all due respect; it's HIPAA (not HIPPA) - the Health Insurance Portability and Accountability Act of 1996.
That angle is interesting. The moment they have your info though, they would be required to follow HIPPA guidelines. Those guidelines should be in place before asking?
If they want into the game, then they have to play by the rules.
Always a good source of information:
https://americasfrontlinedoctors.org/legal/
I guess employers can ask?
https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html?language=en
The only thing I will give them is the number to my primary care physician's office.
They can ask all they want. You as a human have every right to not provide it.
And if they try to fire you for that, you can threaten to sue them for stepping on your religious beliefs regarding taking medications and vaccines.
Turn the lefty retarded argument right back around at them.
Here are some links to the HIPAA information you might find helpful: https://www.cdc.gov/phlp/publications/topic/hipaa.html
https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
They are playing word games. You should ONLY give your medical records to a Medical Provider that has HIPPA protections. They are partially right, if you VOLUNTARILY give your records to them, they don't have to follow the HIPPA rules because they are not a medical provider. But since they don't offer those protections, then you don't have to do it.
That is not true. If you voluntarily give your medical information to HR, they are ABSOLUTELY bound to protect it under HIPAA.
HIPAA pertains to Protected Health Information which is any health/medical information where an individual is identified. This is especially true if the health/medical information is used to communicate information about a past, present or future medical condition.
There are times when employers do recieve Protected Health Information records from health insurance companies, providers, etc or even employee themselves. In order for the employer to be HIPAA compliant, any and all Protected Health Information records must safeguarded from any unauthorized disclosure. For you see, supervisors/managers who are authorized to access personnel files are not authorized to access health/medical files. Disclosure of Protected Health Information must be limited in scope and only for legitimate business reasons.
Any record identifying which employees have and/or which emoloyees have not gotten the vax is definitely considered Protected Health Information under HIPAA. Your HR dept absolutely has a duty to safeguard vax status information.
In short, under HIPAA, your HR dept may inquire into your vax status but in doing so, your HR dept is mandated to safeguard the information/records from unauthorized disclosure. You should be able to request access to your own personnel file. Should your vax status information be found in your personnel file, you would be able to file a non compliance complaint with the Office of Civil Rights.
However, when it comes to employees who have not gotten the vax, employers cannot violate their rights under Title VII or the American with Disabilities Act (ADA).
Yes to this. ^^^^^^^^^^^ 100%
Thanks for typing out that great explanation. I'm a VP of HR and an attorney, and there are so many misconceptions about HIPAA.
You hit the nail on the head. HR CAN ask for the data, but they are required to safeguard it and not violate HIPAA by transferring that data to another entity without employee's express permission.
As I recall, the whole point of the HIPAA law was to protect people from having their medical information used against them. This was back when people lost their jobs or housing because they had HIV. Under the law, your medical provider can only share your medical information with others involved in your care. E.G. the radiologist does not need your permission to send a reading of your x-ray to your doctor.
Ask them if they'll take that argument to court, as that is where you will see them next if they continue, that usually shuts up employers pretty quick
It isn't correct. I'm not a medical provider either, does that give me the right to someone else's med records? And just so you'll know, it's HIPAA not HIPPA. Two A's not two P's.
Give them the number to your primary care physicians office and ask them to provide your vaccination records.
Yes, they misspelled it in the Q&A of our Townhall notes, I spelled it the same, wonder if it's an out "We never said HIPAA didn't apply, only HIPPA".
We aren't in the medical industry, rather large equipment manufacturer and they state that since some of our customers will need to know if we plan to visit their premises, so our HR department and pertinent manager(s) need to know.
They have given us this confidentiality training about HIPAA on occasion and now seem to changing their tune.
Would be nice to sue them into the stone age, they are a conglomerate of village idiots for the most part.
Absolutely not true