No, Businesses Aren’t Violating Your Rights When They Ask If You’re Vaccinated

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Despite arguments that inaccurately cite federal laws, in a majority of states private businesses can legally ask you to show proof of vaccination before you enter. Getty Images
  • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is often inaccurately cited by those arguing that places of business can’t require customers to show proof of vaccination.
  • Federal law doesn’t restrict private businesses from asking for proof of vaccination, although some states may pass their own laws on the issue.
  • HIPAA, generally, applies to healthcare plans and healthcare providers, not grocery or other stores.
  • Asking someone to show proof of vaccination constitutes neither “protected health information” under HIPAA nor disability-related information under the Americans with Disabilities Act.

HIPAA might be one of the most widely and inaccurately cited acronyms of the 2020s so far.

“The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge,” according to the Centers for Disease Control and Prevention (CDC).

That doesn’t mean your local privately-owned business can’t ask for proof that you’ve had the Pfizer/BioNTech, Moderna, or Johnson & Johnson COVID-19 vaccines, despite what some people may interpret the law to mean.

The U.S. Department of Health and Human Services has dedicated part of its website to HIPAA and COVID-19, taking an authoritative stance on the law often cited inaccurately by many people.

From face masks to vaccines, private businesses continue to seek guidance from federal, state, and local governments about what to tell people they need to do to keep their employees and customers safe as a very real virus continues to spread around the globe.

But in terms of what violates HIPAA, most people who cite the law are arguing with the wrong people.

Source: healthline