HIPPA Question

[hopedale]

If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the workplace? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?

Sounds like the company's policy is you all have to wear a mask unless you've been vaccinated. But they require proof you've been vaccinated.

Not an expert, but the employee that chooses to show their vaccine card is making a choice, thus no violation.

So while HIPPA is not violated, seems the practice could be construed as discriminatory for employees that have chosen to not get a mask or choosing not to display their vaccine card.

The best thing they can do is just set a policy based on current CDC guidelines and tell everyone no mask is needed.

Those that feel unsafe in an environment with no masks, need to stay home or go get vaccinated.

[npe001]

Yes but in my understanding covid 19 vaccine is experimental and only approved for emergency use correct? Your child can't attend public school without vaccines that are proven studied and FDA approved. That is the difference between the two in my opinion.

Correct. As far as the OP's question, I have no clue but I would walk in without a mask one day and see what they say

[CaptainDave]

Or you could just give us a quick description if you are familiar with what it is.

Here you go. Straight from the web. This is just the tip of the ice berg. The high level gist is that HIPAA protects your private health information that is kept by covered entities, such as your health Insurance company, your doctor, etc. In other words, a covered entity, just can't share your Private Health info with anyone that inquires. So people claiming their employer is in violation of HIPAA because they asked about a vaccine is not exactly accurate.

Who Does HIPAA Cover?
HIPAA is a federal law that introduced standards in healthcare relating to patient privacy and the protection of medical data. HIPAA covers healthcare providers, health plans, healthcare clearinghouses, and business associates of HIPAA-covered entities. HIPAA applies to most entities that fall into the above categories, except those that do not conduct transactions electronically.

Healthcare providers include hospitals, clinics, physicians, nursing homes, pharmacies, chiropractors, dentists, and psychologists. Health plans include health insurers, company health plans, HMOs, and government programs that pay for healthcare such as Medicaid and Medicare. Healthcare clearinghouses are organizations that transform nonstandard health data into a standard format. A business associate is an individual or entity that performs functions for a HIPAA covered entity that requires the use or disclosure of protected health information.

What Does HIPAA Cover?
The HIPAA Privacy Rule covers all individually identifiable health information that is created, stored, maintained, or transmitted by a HIPAA covered entity or business associate of a HIPAA covered entity. The HIPAA Privacy Rule applies to all forms of PHI, including paper records, films, and electronic health information, even spoken information.

This information is classed as protected health information when it contains identifiers that would allow a patient or health plan member to be identified. HIPAA does not include information in employment records, even if that information is included in the HIPAA definition of individually identifiable health information or protected health information.

[Daniel32]

Yes for approved vaccines....

Not too sure how long the process takes but Pfizer and Modera have both filed for FDA approval, so could only be a matter of time before they're "approved"

[Artos]

Fake

Card

[Duckologist]

Fake

Card

Can get em on Amazon

[RiverRat1]

They’re (mostly) private companies, you can always go work somewhere else if you do not like their policies.

I hate when people say this.... Until a company does something they don't like, and then it's screaming from the rooftops.

Either let companies be free to do what they want or don't let them. Stop the wishy washy BS

At some point people need to make a stand. No one in todays world "needs" a specific job. If a company is so stupid to require a mask even after you've had covid, which is far better than the vaccine, then tell them to F off. Make them fire you.

I mean holy crap, stop doing whatever stupid thing these idiots require.

[Tequilazo]

If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the work place? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?

Not a HIPPA violation

However - OSHA has ruled the following:

"If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?

"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7."

This has and will cause employers to change their policy to recommended.
Recordables are expensive to employers in more ways than 1.

[sailor]

It appears HIPPA does not apply for COVID-19. I’m with you though.

This, is really disturbing................
If it doesn't apply to everything..............
Then, it doesn't apply to anything........

[Duckologist]

This, is really disturbing................
If it doesn't apply to everything..............
Then, it doesn't apply to anything........

There was nothing factual by the poster you quoted

[dogcatcher]

HIPAA applies only to healthcare providers, an employer can ask. You can tell the truth, lie or ignore. If you lie, and the employer finds out, you can be terminated with just cause for lying.

[rladner]

Not a HIPPA violation

However - OSHA has ruled the following:

"If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?

"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7."

This has and will cause employers to change their policy to recommended.
Recordables are expensive to employers in more ways than 1.

My office is not currently open because they are waiting for OSHA to update their stance. Texas and CDC are fine, but OSHA hasn't exactly cleared the way for open office, no masks. Until then, we work from home.

[Dusty Britches]

I think your employer is splitting hairs and when the knife finishes falling they will be on the wrong side.

They are not technically requiring vaccination. They are requiring a mask if you are not vaccinated.

If you are vaccinated, you are still encouraged to wear a mask but not required to.

My employer is the state of Texas. They are requiring everyone to be tested monthly unless you are vaccinated but the vaccination record is kept private, secure. In other words, only those with an absolute need to know will know. They also said if you are vaccinated, you are not required to wear a mask, but if you are not vaccinated they strongly request you wear one. So it is not required either way.

It's double speak and they are walking a thin line that they drew.

[one66stang]

The blank cards are readily available and can be easily printed onto card stock paper. Use the web to find a legit looking Lot number and be done with it.

[tvc184]

If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the work place? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?

In my opinion...

HIPAA does not apply. HIPAA basically says that a healthcare worker, professional, company, etc., cannot inform anyone else about any medical information about you Without your consent. So if your employer was to call your doctor, medical insurance agent or so on and they answered, it would be a HIPAA violation.

Asking you does not apply to HIPAA at all.

I think there is a belief by many people that any medical discussion is covered by HIPAA and I do not think that is true. If you were to tell your friend that you were having a medical procedure done and he told someone else, that person could have a Townhall meeting about it and it would not violate HIPAA.

Whether a company can legally ask you under another set of laws might be a different issue but not HIPAA in my opinion.