Health
Asking about vaccination does not violate HIPAA
Claim: HIPAA prevents someone from asking if you are vaccinated
So Mask wearing and social distance guidelines are relaxing For fully vaccinated individuals, businesses are navigating how to implement new policies in stores.Many companies End of mask requirements for fully vaccinated customers only..
Vaccine opponents, including Republican Rep. Marjorie Taylor Greene, are taking this opportunity to revive false claims that HIPAA Federal Privacy Law protects individuals from questions about their vaccination status.
Several Republicans on May 18 Refused to wear a mask on the house floor Contrary to House rules regarding wearing masks, including greens. When asked if she was vaccinated Green told reporters Asking about her vaccine status was a HIPAA violation.
Green isn’t the only one spreading this false claim that has become widespread on social media these days.
“The rules are simple. HIPAA protects all Americans from disclosing their health records to anyone.” Claim Image posted on Instagram on May 13th.
The poster revealed that she mentions vaccine and mask requirements in the caption.
“If anyone asks for your vax status, tell them they don’t have the right to know,” she wrote. “By the way, this is authoritarian. It’s literally communist.”
Fact check:CDC’s new guidance for fully vaccinated people is not “sudden”
Other examples of alleged social media posts include Instagram And Facebook..
Health Insurance Interoperability and Accountability Act, Or HIPAA, is a law that prohibits healthcare professionals from sharing personal health information without the permission of the patient.
However, experts agree that the interpretation of HIPAA quoted online by Greene and others is completely inaccurate. The law does not matter who can ask or answer questions about your health outside of the medical setting.
USA TODAY has contacted several accounts that have posted complaints.
According to experts, HIPAA does not respond to vaccination questions
USA Today Uncovered a similar version of this claim Last summer, when an opponent of the mask advised others to claim that HIPAA allowed them to circumvent the obligations of the mask.
Alan MeiselA professor of law and bioethics at the University of Pittsburgh told USA TODAY at the time that HIPAA rules apply only to the sharing of information between “target entities.”US Department of Health and Human Services Describe the target entity as follows: “Health plans, healthcare clearinghouses, and healthcare providers that perform specific healthcare transactions electronically.”
Meisel said the claim that HIPAA protected individuals from being asked about their vaccine status was “totally nonsense.”
Fact check:COVID-19 vaccine does not make common colds and flu “very deadly”
“It never prohibits business owners and other individuals from asking people if they are vaccinated,” he wrote in an email to USA Today. “In fact, it doesn’t even prohibit people from asking if the above medical institutions are vaccinated.”
Georgetown University Law Professor Lawrence Gostyn “Non-healthcare businesses are not covered by HIPAA,” he agreed.
Companies and individuals have the right to ask others about their vaccination status, but that does not mean that someone has to provide that information.
According to Gostyn, when a company asks an employee or customer for vaccination status, “Individuals can choose whether to provide proof of vaccination. If not, they can exclude access to the facility. “.
Fact check:COVID-19 vaccine does not provoke a magnetic reaction or contain a tracking device
In short, HIPAA has no effect outside of the medical environment.
Our rating: False
HIPAA appreciates allegations that businesses and individuals are prohibited from claiming immunization status for others in FALSE as they are not supported in our investigation. Experts agree that HIPAA applies only to medical institutions with which it shares information. Medical institutions can ask individuals about their vaccination status. Companies can ask patrons and employees if they are vaccinated. The individual can then choose to respond to or abandon the service.
Our Fact Check Source:
- USA TODAY, May 13th According to the new CDC guidelines, vaccinated Americans can now throw away their masks, with a few exceptions.Live COVID-19 update
- USA TODAY, May 18th Mask War: Will more disputes occur in the future as stores update their COVID-19 policies for vaccinated customers?
- USA TODAY, May 18th A group of House Republicans removes masks in the chamber on Tuesday
- Nicholas Wu, May 18th Tweet
- HHS.gov, accessed on April 19th, Overview of HIPAA privacy rules
- USA TODAY, July 19, // 2020, // Fact check: No mask?You can ask why — it does not oppose HIPAA or Article 4 or 5 amendments
- HHS.gov, accessed on April 19th, HIPAA privacy rules
- Alan Meisel, May 19th, email exchange with USA TODAY
- Lawrence O. Gostyn, May 19th, email exchange with USA TODAY
Thank you for supporting our journalism.You can do it Subscribe to our print version, ad-free app or replica of your electronic newspaper here..
Our fact checking work is partially supported by a grant from Facebook.
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