Guidance on HIPAA, COVID-19 vaccination and the workplace

The U.S. Department of Health and Human Services has issued guidance on the role of the Health Insurance Portability and Accountability Act (HIPAA) in regard to businesses and employers requesting vaccination status. Generally, HIPAA does not regulate what information employers can request from employees as part of the terms and conditions of employment. It also does not regulate businesses’ right to ask clients or customers for their vaccination status.

The guidance explains that HIPAA does not:

  • prevent businesses from asking you about your vaccination status
  • prohibit your employer from asking you for proof of vaccination
  • prevent you from disclosing your vaccination status