Legal Briefs: Is Asking for Vaccination Status a HIPAA Violation?

With social media atwitter with people claiming Health Insurance Portability and Accountability Act (HIPAA) violations after being asked about COVID-19 vaccination status, it seemed appropriate to revisit HIPAA. HIPAA prevents disclosure of protected health information by health care providers and health plans.

As COVID-19 vaccines become readily available and the population is partially vaccinated and partially unvaccinated, issues are arising where people are being asked about vaccination status in order to take part in various activities. When asked about vaccination status, some people are taking umbrage and asserting that their “HIPAA rights were violated.” Businesses are being accused of “HIPAA violations” by members of the public who don’t understand that HIPAA only applies to health care providers.

You may get questions from patients about whether being asked about vaccination status is a HIPAA violation. Here are some answers for them: No, being asked about COVID-19 vaccination status is not a HIPAA violation. Nor is it a violation for a restaurant to require proof of vaccination for inside seating or for a business to require unvaccinated people to wear masks. It is not a violation of HIPAA for an employer to ask you if you have had the COVID-19 vaccine, but, you do not have to reply. A person cannot be compelled to answer that question, but be prepared to possibly be denied entry to a store or event that has a vaccination requirement. None of this, however, is a HIPAA violation. An example of a HIPAA violation would be if your physician told someone that you had been offered the COVID-19 vaccine but you hated needles and wouldn’t take it.

HIPAA is not well understood by the general public, but patients should understand that it only applies to protected health information disclosed by health care providers.

Ann W. Latner, JD, is a freelance writer and attorney based in New York. She was formerly the director of periodicals at the American Pharmacists Association and editor of Pharmacy Times.