As September beckons individuals again to the office and the extremely infectious Delta variant of the coronavirus spreads quickly throughout the nation, workplaces are navigating a spread of challenges, together with whether or not to require workers to be vaccinated or to reimpose masks mandates.
Some, together with Representative Marjorie Taylor Greene, Republican of Georgia, are resisting these calls, as she falsely claimed this week that disclosing vaccination standing “was a violation of my HIPAA rights,” the federal regulation that protects confidential well being info.
The Health Insurance Portability and Accountability Act, often known as HIPAA, governs the privateness of a affected person’s well being information, but it surely is authorized to ask Ms. Greene about her medical historical past. Still, her assertion displays a misperception that has unfold throughout social media and fringe websites as on-line misinformation and misstatements about vaccines assist gas a resistance to being inoculated.
Here’s a have a look at what privateness protections HIPAA presents and why it is so continuously misinterpreted.
What is HIPAA?
In 1996, President Bill Clinton signed into legislation HIPAA, a broad piece of health and privacy legislation that helped replace and regulate how medical insurance was offered and how personal medical info was saved as digital processing took maintain.
One facet of the legislation, the privacy rule, makes it unlawful for sure individuals and organizations, together with well being care suppliers, insurers, clearinghouses that retailer and handle well being knowledge and their business associates, to share a affected person’s medical information with out the affected person’s specific consent. Those events deal with affected person well being information every day.
Does the legislation make it unlawful to ask an individual’s vaccination standing?
No. The legislation applies solely to firms and professionals in the well being care subject, though some individuals could incorrectly suggest in any other case, as Ms. Greene did in suggesting that the measure supplied Fifth Amendment-like safety towards revealing personal well being info.
HIPAA is extraordinarily “narrow,” mentioned I. Glenn Cohen, an knowledgeable on bioethics and well being legislation with the Harvard School of Law. “Whenever anyone says to you ‘HIPAA prohibits that,’ ask them to point to the portion of the statute or regulation that prohibits it. They often won’t be able to do so.”
Moreover, nothing in the legislation prohibits asking about somebody’s well being, be it vaccination standing or proof that such info is correct.
Regardless, some have turned to the legislation as a pretext to deflect such questions.
In July, the lieutenant governor of North Carolina, Mark Robinson, falsely claimed on Facebook that President Biden’s door-to-door marketing campaign to encourage vaccination and asking whether or not residents have been inoculated had been “illegal” underneath HIPAA.
But the legislation is not relevant to employers, retail shops or journalists, amongst different events. No federal legislation prevents firms from requiring their workers to be vaccinated, although there are specific exceptions you probably have a incapacity or a sincerely held spiritual perception.
July 22, 2021, 1:43 a.m. ET
Nor does it imply that it’s important to reveal whether or not you might have been vaccinated. That is at your discretion to reveal.
Why is HIPAA broadly misunderstood?
Long earlier than social media and fringe information websites disseminated dangerous well being misinformation, like whether or not masks work (they do) or whether or not the coronavirus vaccine will alter your DNA (it won’t), HIPAA and its use as a catchall excuse for privateness have usually lent themselves to misinterpretation.
“I often joke that even though it is five letters, HIPAA is treated as a four-letter word,” Mr. Cohen mentioned. Physicians, he mentioned, have usually used it as a purpose not “to do something they don’t want to do, like providing a patient certain information by saying — perhaps believing it but being incorrect — ‘well, that would be a HIPAA violation.’”
But consultants say politicians and public figures inflict additional injury in perpetuating incorrect claims, permitting misunderstandings about HIPAA and vaccine skepticism to flourish.
“This rumor might not be specifically harmful in itself, but it’s part of a narrative that is harmful,” mentioned Tara Kirk Sell, an assistant professor of well being safety at Johns Hopkins’s Bloomberg School of Public Health. “It is especially a problem when there’s an information void and in this case, it’s that people don’t know what HIPAA is.”
Ms. Greene has beforehand unfold misinformation about HIPAA and about vaccines. Twitter suspended her account this week after she asserted that Covid-19 was not harmful to younger, wholesome individuals — a declare that the Centers for Disease Control and Prevention has disproved.
“The HIPAA laws are real and they do something important,” Ms. Sell mentioned. “The misinterpretation of what it’s all about just adds to this firestorm of anti-vaccine sentiment.”