In New York, Is Asking For Proof Of A COVID-19 Vaccination A HIPAA Violation?
If a restaurant or business in New York State asks for a proof of a COVID-19 vaccination card, is this a HIPAA violation?
Short Answer- No. Businesses, airlines, restaurants, and more, are not healthcare providers. This means they are not governed by HIPAA laws.
Long Answer- This whole argument is filling social media after WIBX reported that Governor Andrew Cuomo announced that New York State will adopt the new CDC guidelines that ease mask requirements for fully vaccinated people. The CDC said last week that fully vaccinated Americans don’t need to wear masks indoors or outdoors, but with some exceptions. Masks are still required in nursing homes, healthcare facilities in schools and on public transits. So, what does this deal with HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) only governs those in the healthcare world. This means your doctor, hospital, urgent care, dentist, and places along those lines. According to KHQ, it doesn't apply to the average person or businesses.
To be clear, a vaccine card would qualify as protected health information. However businesses, airlines, restaurants, etc. are not healthcare providers, so they are not governed by HIPAA laws.
The CDC says HIPAA is a federal law. People often think that HIPAA protects them from being asked about their medical information, or prohibits other people from asking about their medical information, both situations aren't true.
HIPAA prohibits health professionals, such as your doctor, from sharing your identified health information without your permission in most circumstances. People can always ask about your health information, and you can almost always decline to answer."
So there's the answer on this popular argument on social media.