No, asking if somebody is vaccinated shouldn’t be a violation of HIPAA

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Days after being briefly suspended from Twitter
for spreading COVID-19 misinformation, Rep. Marjorie Taylor Greene was once more a high story on the social media platform.

When a reporter asked about her vaccination status, the Georgia Republican responded by claiming that this question was a violation of her HIPAA rights.

“Your first query is a violation of my HIPAA rights,” Greene mentioned. “You see, with HIPAA rights, we don’t should reveal our medical information — and that additionally entails our vaccine information.”

That’s not correct, in keeping with well being officers. 

So what’s HIPAA precisely?

HIPAA, or the Well being Insurance coverage Portability and Accountability Act of 1996, is a federal regulation that’s meant to “shield delicate affected person well being info from being disclosed with out the affected person’s consent or data,” in keeping with the Facilities for Illness Management and Prevention.

“With out the affected person’s consent or data” is vital right here: Greene disclosing her personal vaccination standing shouldn’t be a violation of HIPAA. The regulation really applies to “lined entities,” which incorporates well being care suppliers, a well being plan (like medical health insurance or HMOs) and well being care clearinghouses. 

An employer (or a reporter) asking about vaccination standing can also be not a violation of HIPAA. 

Learn extra: ‘HIPAA doesn’t provide you with a get-out-of-jail-free card’: What the health-privacy regulation does (and doesn’t) shield

“If an employer asks an worker to offer proof that they’ve been vaccinated, that’s not a HIPAA violation, and staff might determine whether or not to offer that info to their employer,” in keeping with the U.S. Division of Well being and Human Providers.

As well as, “The federal [Equal Employment Opportunity] legal guidelines don’t stop an employer from requiring all staff bodily getting into the office to be vaccinated for COVID-19,” steering from the U.S. Equal Employment Alternative Fee states.

In different phrases, your employer can require that you just get the COVID-19 vaccine. And a decide not too long ago dominated that faculties can require college students and staff to get vaccinated. The College of California and California State College faculty programs introduced in April that they intend to require vaccination for all college students and staff returning to campus.

This isn’t the primary time that Greene has incorrectly cited HIPAA. In Might, GOP members violated Home guidelines by going maskless to take a photograph on the Home flooring. When requested in the event that they had been vaccinated, Greene shouted that the question was a HIPAA violation.

Greene’s remark comes as COVID-19 instances are on the rise in all 50 states and the Delta variant of the virus continues to unfold. Vaccine efforts have appeared to stall because the CDC’s COVID tracker reveals solely 48.7% of the U.S. inhabitants is absolutely vaccinated.

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Written by bourbiza

Bourbiza Mohamed. Writer and Political Discourse Analysis.


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