Whether an employee’s COVID-19 vaccination status is protected by the Health Insurance Portability and Accountability Act (HIPAA) has been (or should be) on the minds of all HR personnel as of late. That’s especially true as we await the Occupational Safety and Health Administration’s (OSHA) impending rule that will likely require employers with 100 or more employees to ensure their workforce is either vaccinated or regularly tested.
What to Consider
In the interim, you should become familiar with the HIPAA privacy rule’s application to vaccination status by asking whether it prohibits businesses or individuals from (1) asking customers whether they have gotten the shots or (2) requiring a workforce member to disclose whether they have received a vaccine to the employer, clients, or other parties.
