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Understand the laws

HIPAA includes provisions to protect a person’s identifying health information from being shared without their knowledge and consent, but it is not a prohibition on asking, experts said. What’s more, the law only applies to specific health-related entities, such as insurance providers, health-care clearinghouses, health-care providers and their business associates. It would, for example, be a violation of HIPAA if your doctor or insurance company did not obtain your consent before sharing your vaccination status with someone else.

Similarly, the Equal Employment Opportunity Commission, which enforces federal workplace anti-discrimination laws, noted in a guidance that the Americans With Disabilities Act requires employers to maintain the confidentiality of employee medical information, including whether they’ve received a coronavirus vaccine. This means that, in most cases, an employer who is asked whether individual employees are vaccinated cannot answer that question.

Washington Post August 6, 2021

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