Minnesotans’ Confusion Over HIPAA Privacy Rule (Not What You Think)

Throughout the pandemic, we have all been hearing a lot about HIPAA and that anyone asking about your medical records is a violation of that rule. The question of HIPAA violations have become more prevalent during the last few months since the COVID vaccine has been rolled out. You will see so many social media posts, comments and the like claiming that NO ONE can ask you about your vaccination status. Stating that HIPAA protects them.

This is simply not true. At least not as much as one might think.

What does HIPAA cover? A quick Google search will lead you right to what you need to know.  This is from hhs.gov

The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.

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In a nutshell HIPAA violations refer to medical records being shared without your knowledge or consent between other medical establishments. This does not pertain to a particular business asking if you have COVID or if you've been tested or if you have had the vaccine and how many doses of the vaccine you've had. Like if you have been fully vaccinated or partially. It is totally up to you if you want to answer that question or not, but it is also within their rights to not allow entry if you don't follow their policy.

This is coming up as the Delta variant of the Coronavirus is creeping up in numbers.  Some businesses, venues, and in some cases whole cities (New York City) are starting to implement policies where you may not enter unless you have been fully vaccinated or have had a negative COVID test within 72 hours.

You can probably expect this to continue. But at least know if you have the right to claim that the question is a HIPAA violation or not.  Chances are, it isn't.