APPLETON, WI (WTAQ-WLUK) – As more people get their shots, many are finding themselves in a position of having to ask others about their vaccination status.
Some are wondering if this violates the federal privacy law, known as HIPAA.
Ellen Cihak has not been asked if she is vaccinated against the coronavirus.
She also hasn’t been asked to show proof in Appleton stores.
“I would like to see that happen, I don’t know if it’s legal to do that,” said Cihak.
Like many others, Cihak doesn’t know if the question violates HIPAA, the Health Insurance Portability and Accountability Act.
John Fisher is a health care attorney who specializes in health care compliance and ethics.
He says although the vaccine status questions might be uncomfortable, it does not violate HIPAA.
“I know people are saying that HIPAA does protect under those types of disclosures, but it’s just not true,” said Fisher.
Fisher says the law does not apply to private individuals.
Meaning businesses and employers can ask for vaccination status and proof of vaccination.
Jerry Capelle says no one in Appleton has asked to see his vaccine record card – but doesn’t think it’s against his privacy.
“I feel like a lot of people are going to lie about the fact about whether they are vaccinated or not to get in,” said Capelle.
“HIPAA only applies to covered entities and that’s generally health care providers, health insurance managed care plans, health care clearinghouses but your general business would not be prohibited by HIPAA. HIPAA just does not apply to them at all,” said Fisher.
Fisher says if someone calls your doctor directly to ask about your vaccine status, it is protected by HIPAA.
Cihak thinks if businesses ask, they might lose customers.
“They don’t want to be asked so they won’t come to our business. On the other hand, if you don’t say anything are they asymptomatic and they are going to be spreading the virus,” said Cihak.
Fisher says his practice has not worked with a client worried about showing vaccine proof or a HIPAA violation.
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