Vaccine mandate-details details

[NQAS]

A few weeks ago one of the right wing nutters lambasted a journalist for asking whether she had been vaccinated. She said that information was private under HIPAA and he couldn’t even ask. Of course, she got that wrong. It’s perfectly legal to ask anything you like and it’s perfectly legal for you to respond as you wish. But you are under no obligation to provide medical information. Your employer or your doctor or your hospital wouldn’t be permitted to provide that information.

Under these circumstances, how do you enforce a mandate? How do you ensure that your medical information is kept secure within the organization you work for? You might very well want to reveal your vaccination status, and that information could be made available. But, for whatever reason you may have, you are under no obligation to provide that information under medical privacy laws.

OK, so one way around the vaccine mandate is to require weekly tests. Who picks up those costs? And it’s one thing if you’re talking about a company with, say, 25 people. But what about the US government. The VA, for example, has 400,000 employees. I gather that the medical staff of some 200,000+ can be required to get vaccinated. But what about the other 170 thousand similar employees? What about the thousands, tens of thousands, contractors? Whether or not there’s a mandate, under HIPAA that information is private and you cannot be required to provide medical information to your employer.

Don’t get me wrong, I like the idea of a vaccine mandate, and I think it’s beyond foolish for people to not get vaccinated. But as I picture a flow chart diagram of how this would be enacted, I keep on running into brick walls.

I may be wrong on the HIPAA issue and that would change my overall comment. My overall point, though, is that this is a minefield. Of course, it might have been avoided if people just wore their masks snd voluntarily got vaccinated. What sadly humorous is that the same people allegedly concerned about the long term effects probably smoke, drink, eat tons of fast food, don’t exercise, etc.

[hlthe2b]

1. You are wrong. Asking vaccination status is NOT a violation of HIPAA.

No minefield. It is done ALL the time for MMR, Influenza, and others for HCWs (as well as, of course for school and college entry for everyone).

Vaccination status with dates is not privileged medical information. Information on an individual's medical conditions that might pose contraindications or post-vaccine reactions would be.

BTW, if your next issue is whether this is defensible in court--why yes, such mandates HAVE been upheld.

[Solly Mack]

2. Thank you.

And in case anyone doubts you...


3028 - If my employer requires proof of my COVID-19 vaccination status, does that violate my rights under HIPAA?


In general, the HIPAA Rules do not apply to employers or employment records. HIPAA only applies to HIPAA covered entities – health care providers, health plans, and health care clearinghouses – and, to some extent, to their business associates. If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation, and employees may decide whether to provide that information to their employer.

[MyMission]

3. Weekly tests won't catch it in time

Delta spreads faster. Test Friday, exposed to it Friday night, infect others Sunday thru Friday when you're tested again and find out you're infected if you haven't had symptoms.

And the idiots who refuse to get vaccinated or wear a mask are the same group that complains about required testing.

Wearing a mask is key, vaccinated or not.