OCR Issues Guidance on HIPAA, COVID-19 Vaccinations and the Workplace
According to the guidance, the HIPAA Privacy Rule does not apply to employers or employment records because it applies only to HIPAA-covered entities (health plans, healthcare clearinghouses and healthcare providers that conduct standard electronic transactions) and, in some cases, to their business associates.
- By BSTQ Staff
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule applies to disclosures and requests for information about whether a person has received a COVID-19 vaccine. According to the guidance, the HIPAA Privacy Rule does not apply to employers or employment records because it applies only to HIPAA-covered entities (health plans, healthcare clearinghouses and healthcare providers that conduct standard electronic transactions) and, in some cases, to their business associates.
“We are issuing this guidance to help consumers, businesses and healthcare entities understand when HIPAA applies to disclosures about COVID-19 vaccination status and to ensure that they have the information they need to make informed decisions about protecting themselves and others from COVID-19,” said OCR Director Lisa Pino.
References
OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace. U.S. Department of Health and Human Services press release, Sept. 30, 2021. Accessed at www.hhs.gov/about/news/2021/09/30/ocr-issues-guidance-on-hipaa-covid-19-vaccinations-workplace.html.
