Q: Can my employer or the school I attend request my vaccination status? Is that a violation of my rights? What about HIPAA?
HIPAA applies to covered entities, meaning healthcare providers, health plans, healthcare clearinghouses and their business associates. If an employer is not considered a covered entity HIPAA rules do not apply and it is not a HIPAA violation for employers to request vaccination status of their employees.[1] According to guidance from the US Equal Employment Opportunity Commission (EEOC), employers can request vaccination status from their employees, but must keep the information confidential.[2] Schools also have the right to request vaccination status and historically have required student immunization records. These records are governed by the Family Educational Rights and Privacy Act (FERPA).[3]
Response by Jennifer Woods, Esq., Public Affairs and Religious Liberty Associate Director, General Conference of Seventh-day Adventists