Yes, your employer can ask if you're vaccinated.
told a reporter who asked the same question, “I think that’s HIPAA.”
Neither of those incidents are HIPAA violations, Shah said, because journalists are not included in HIPAA. Similarly, despite what, people doing door-to-door outreach asking whether people are vaccinated also would not violate HIPAA. “People always apply [HIPAA] to everybody. It’s not applicable to everybody. Only healthcare providers, health plans, and their business associates,” Shah said — collectively known as “covered entities” under the legislation.So what would be a HIPAA violation? Hypothetically speaking, something like if your doctor’s office published a list on its website of every patient and which vaccines they’d received.
“The general perception of HIPAA is that it’s this overarching privacy umbrella that covers everybody on Earth, but no, it’s very specific,” Shah said. If someone asks whether you’re vaccinated and you don’t want to tell them, you don’t have to. But their asking does not violate your rights under HIPAA. And in response, that person can choose not to employ you or let you come in and grab a drink. Americans enjoy many rights, but entry to happy hour is not one of them.
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