HIPPA and COVID Vaccines

As more and more Americans receive a COVID-19 shot, vaccination status has become more important. It can determine whether you can sit in certain sections at a baseball game, travel to another country, or obtain an employee incentive. But does “HIPPA” prevent someone from asking whether you have been vaccinated?

In short, no. While “HIPPA” is often used to mean “privacy”, this is a misunderstanding of the federal HIPPA (Health Insurance Portability and Accountability Act) law and the HIPPA Privacy Rule.

HIPPA primarily applies to prevent “covered entities” - such as health care providers or insurance plans - from disclosing personally “individually identifying health information”. This means your doctor’s office can’t disclose your lab results to your employer without your consent. HIPPA does not prevent Walmart from asking its employees - or a concert venue from asking its patrons - whether or not they have received the COVID vaccine. These are not covered entities and they are not disclosing health information to a third party. While other laws, regulations, or contractual agreements might operate to protect your privacy and confidentiality, HIPPA itself is more limited.

The Washington Post has answers to other general questions about HIPPA, including suggestions on how to respectfully ask about someone’s vaccine status when necessary. Contact our office for guidance on your specific situation.