Is it a Violation of HIPAA to Ask Someone if they’ve Been Vaccinated?
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Josie shared on social media that she and her teenage son and daughter just got vaccinated against COVID-19. In a conversation at the school, Mary shared that she saw Josie’s post and that the three of them got their first dose. Was Mary violating Josie’s Health Insurance Portability and Accountability Act (HIPAA) rights by sharing information about her friend’s health decisions with others? No, in this
instance, Josie is not covered by HIPAA and Mary is not breaking the law by sharing about Josie’s family’s vaccines.
What if, in the same situation, the nurse who gave Josie and her teenagers their shots took a picture of them and posted it on her own social media account without getting Josie’s signed consent? Would that be a HIPAA violation? Absolutely. Luckily, nurses are trained in how to abide by the law, and they and their employers are subject to fines and public reporting if they violate HIPAA, so what’s described
typically does not happen. What has been happening is that HIPAA has caused some confusion when it comes to COVID vaccines. I’ll explain more in this article.
There’s Lots of Confusion About HIPAA and COVID Vaccines
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