NATIONAL
WHAT IS HIPAA?
A guide for knowing your private medical rights in the midst of a global pandemic.
WORDS BY HAYDEN WITTROCK ART BY RACHEL HARTLEY
As society tries to return to normal in the midst of the ongoing COVID-19 pandemic, more and more companies, administrations, and organizations are mandating vaccinations against the virus. The increase in occasions where vaccine disclosure is required has caused many to use HIPAA as a defense of privacy. So, what is HIPAA? What information does it cover and by whom? Is this a reasonable, legal, defense if you are asked if you are vaccinated?
WHAT IS HIPAA? HIPAA—or the Health Insurance Portability and Accountability Act of 1996—is legislation that was enacted to protect individual medical records that are classified as private. More specifically, the law’s Privacy Rule protects patient medical information from disclosure without the patient’s knowledge or consent.
WHO IS COVERED BY HIPAA? Dr. Andrea Hoyt, PharmD, JD, a Des Moines attorney specializing in health law explains the complication of HIPAA coverage as, “All individuals are covered by HIPAA, but where it gets stickier is who HIPAA applies to, meaning who has to follow HIPAA.” While the main goal of the act is to protect patient information,
it does so through healthcare providers more than individuals themselves. Furthermore, the entities who cannot disclose classified patient medical information, or who HIPAA applies to, only include health care providers, health plans, health care clearinghouses, and business associates.
IS IT A VIOLATION OF HIPAA TO ASK OR BE ASKED IF ONE IS VACCINATED? Dr. Hoyt noted that through professional and personal experience, the COVID-19 pandemic has highlighted misconceptions in the general public’s perception of what HIPAA means. She points to the coverage of HIPAA applying not to patients, but instead to health care professionals themselves,
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“This means that it is not a HIPAA violation for a store owner, employer, or friend to ask your vaccination status, because HIPAA doesn’t apply to them.” The pandemic has forced much of society to be more transparent about individual medical information for the good of public health. As Dr. Hoyt
finally emphasized, “People think that HIPAA is an absolute right to medical privacy, but it is so much more tailored than people realize.” In this era of public health crisis, people should strive to accurately understand the extent of medical privacy rights within or outside of HIPAA.
