HIPAA Doesn’t Mean You Can’t Ask People Why They Aren’t Vaccinated
The law known as the Health Insurance Portability and Accountability Act, or HIPAA, is misunderstood. ( First , it’s spelled HIPAA, not HIPPA .) The last people to misunderstand this are those who claim that it is illegal to ask them if they are vaccinated. Sorry, this is not how the law works. This is not how things work.
HIPAA states that patients (that is, you) can access your medical records and that “covered organizations” such as your hospital or health insurance company cannot share your medical records without your consent.
HIPAA does not apply to schools, employers, law enforcement, businesses, concert venues, and random people on the street. If your cousin knows you are pregnant and tells his aunt without your consent, it is not a violation of HIPAA. It’s just rude.
If anyone wants to know if you are vaccinated, it is not a violation of HIPAA . HIPAA also says nothing about whether or how you are responding. This is medical records law, not related to the conversation.
HIPAA also does not cover talking about whether you have another reason not to wear a mask if you are in a location that requires it. Indeed, if you are asking to enter a store without a mask as a disability accessory, people in the store may indeed ask you to provide your disability documents . Americans with Disabilities Act applies here, not HIPAA.
With that said, you still shouldn’t bother people who you think have health problems or who you think are making up their own health problems about disguising them or getting vaccinated. Many disabled people are tired of others questioning their status and I cannot blame them.
This post was originally published in July 2020 under the headline “HIPAA Doesn’t Mean You Can’t Ask People Why They Aren’t Wearing Masks.” It was updated on May 18, 2021 to also discuss conversations about vaccination status.