Pump the brakes a bit. Own up when you misspeak...
You said (bold-italics are mine)
Then, after being shown accurate analysis of the law stating "Employers may ask their employees whether they have received the vaccine...", and "Once this information is obtained, it may not be disclosed by the employer without the employee’s consent.”
Asking an employees to share private medical history with other employees is a disclosure and it is 100% actionable. Boss has a right to ask your vaccine status, but once he knows it he must take the same care to keep it private as a medical provider or face sanctions.
He should have kept his opinions to himself and quietly posted a notice that all employees must submit proof of vaccination or be suspended until public vaccination rates reach herd immunity.
Whatever. I worked in a place where I was required to ask new hires and existing employees, in front of other employees, about vaccine status and TB test results. It was very much not a violation of HIPAA, as I was the HR person. They did not have to say anything to me out loud, they could choose to come to my desk and show me the documents I needed, but at the end of the day, we REQUIRED those vaccines and negative TB tests as a condition of employment, and if an employee refused to provide either, they could be fired or simply would not be hired, or their new hire status would be placed on a a conditional hold until they did provide the documents.
from:
https://www.accurate.com/blog/covid...porate-culture-employers-mull-their-approach/
HIPAA Applies to Healthcare Organizations
While their questions and concerns may create consternation, most organizations can rest assured that HIPAA considerations don’t impact them, says
Andrew Rozo, an attorney in New York practicing healthcare law.
HIPAA, Rozo says, “only applies to healthcare professionals and their affiliates. Most HR professionals do not need to worry about that law. They can safely ask for health information.” The law, Rozo explains, was designed to prevent healthcare professionals from sharing patient information. However, he adds, this can become more complicated when the employer is also a healthcare provider.
“Simply asking for information does not violate HIPAA,” Rozo says.
“Disclosing or using information without permission and unlawfully is the violation. Administrative walls can be put in place to ensure that the employee is the one voluntarily disclosing their health information. This way, HIPAA is not violated.”
In addition, he points out, when it comes to other COVID-19 information, “some things must be disclosed by the employee when it comes to the new benefits and family leave laws.”
Aside from HIPAA, though, there are some additional considerations employers should be aware of, says healthcare attorney Heather Macre who leads the healthcare practice group at
Fennemore. If a vaccine is provided as part of a HIPAA-covered health plan or wellness program, says Macre, “employees should be asked to sign a HIPAA authorization permitting the health plan to notify the employer of the date, type, and fact of the vaccine’s administration.”
However, she says,
if the vaccine is offered not as part of a health plan, but as workplace safety or public health measure for all employees—whether they participate in the health plan or not—HIPAA would not apply. Why? Because the employer would be acting solely in the capacity as an employer, she says. Still, she says: “Even if HIPAA does not apply to an employer’s COVID-19 vaccine program, HIPAA may apply to the vaccination provider itself, thus necessitating a HIPAA authorization for disclosure to the employer.”
