"I believe too if your employer asks you to disclose vaccination status, it doesn’t not violate HIPAA since you are telling your own medical business. But, if the employee then distributed who’s been vaccinated to the public, the employer is then violating HIPAA. This is how businesses are taking advantage of the loophole- by offering an cash incentive to get vaccinated. So if public records are requested, it will show who received the cash incentive which implies those employees are vaccinated without saying it. "
from the website of a white shoe law fiirm:
It is a common misconception that the Health Insurance Portability and Accountability Act (HIPAA) applies to employee health information. In fact, HIPAA generally does not apply to employee health information maintained by an employer.
HIPAA applies only to “covered entities,” which are defined as: (1) health plans; (2) healthcare clearinghouses; and (3) healthcare providers that electronically transmit certain health information (and certain “business associates” of covered entities). If an employer does not fall into one of those categories, HIPAA does not apply to it at all. Indeed, even if an employer is a “covered entity,” HIPAA still does not apply to health information contained “in employment records held by a covered entity in its role as an employer.” So even for those employers, although HIPAA may apply to health information they acquire in their capacities as covered entities, it does not apply to health information they acquire in their roles as employers.
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so: maybe, but not often. the law really only restricts a narrow class of entites.
"You, sir, are a moron." (PlayItAgain)
