As more and organizations/events are moving to requiring proof of vaccination some have seen confusion from members/employees on w
hether asking someone if they have had a COVID-19 vaccine constitutes a HIPAA violation. The short answer is that it does not. Here is a good article that explains it in detail: Is it a HIPAA Violation to Ask for Proof of Vaccine Status?
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Is it a HIPAA Violation to Ask for Proof of Vaccine Status? |
According to several media sources, there appears to be a degree of confusion about the purpose of HIPAA, who it applies to, and whether asking someone if Can an employer ask an employee for proof of vaccine status or would that be in violation of HIPAA? |
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What is HIPAA Law regarding Vaccine Passports?
HIPAA law regarding vaccine passports is the same as any other proof of vaccination. Only HIPAA Covered Entities and their Business Associates are required to comply with HIPAA. Therefore, if an individual is asked for a vaccine passport by their health plan provider, the health plan provider is subject to HIPAA law. However, if an amusement park operator requests to see a vaccine passport, they are not a HIPAA Covered Entity or Business Associate and therefore not subject to HIPAA law.
Does the same apply with regards to Negative COVID Tests and HIPAA?
Yes. If an employer requests evidence of a negative COVID test before allowing an employee to return to work, or a university requests evidence of a negative COVID test before allowing a student to resume in-person tuition, neither is in violation of HIPAA law provided neither is a HIPAA Covered Entity nor Business Associate.
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Sara Haywood
AVP Conference
National Council for Behavioral Health
202-684-7457
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Original Message:
Sent: 08-02-2021 16:19
From: Josh Evans
Subject: Vaccinations and Conferences
Richard:
Thanks for providing this update. We retooled our conference this year to a smaller size and focusing on leadership teams with our members. We are several weeks out from this event, but we may need to make a decision this week on postponing the event depending on the case rates we are seeing in our state. It was clear from member surveys this year that there is no desire in our membership for another virtual conference, such as we had in 2020 (although we think it was a great event).
The way I see it, we may have to move forward with similar requirements to your own (required vaccination), follow the current guidance from the CDC on masking, or postpone the event and see what we can salvage near the end of the calendar year. Frankly, we are also concerned about the optics of a conference event, even if we follow strict protocols.
Then again, Chicago just had Lollapalooza....
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Josh Evans
President/CEO
Illinois Association of Rehabilitation Facilities
Springfield IL
217-725-7859
Original Message:
Sent: 08-02-2021 16:12
From: Richard Edley
Subject: Vaccinations and Conferences
As an update to the recent questions about conferences, see our position on meetings, COVID, etc., see below. Thing are changing quickly. Thank you - Richard
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8/2/21
RCPA, COVID, Meetings, and the Annual Conference
Each day we learn more about COVID and try to better understand the rules and guidelines being promulgated for safety. Just a couple of months ago, RCPA announced that we will continue all events virtually. One month later, we announced the ability to hold hybrid events with the option to attend in person. Clearly, that is what we all want, and what we hear from RCPA members.
So, with the Annual Conference approaching at the end of September, we need to again re-evaluate where we are with our approach to such events. And discussion about COVID was obviously a big part of last week's virtual RCPA Board meeting.
As of today, here are the RCPA guidelines:
- Annual Conference. The plan proceeds with a fully hybrid event. You can attend in-person for part or all of the conference and it will all be available virtually as well. We already have many sponsors and exhibitors - and the program, which is excellent, is near completion. The change, however, is that we are requiring on-site attendees - including speakers, exhibitors, etc. - to be fully vaccinated. It is the most responsible approach at this time, and you will be seeing more about this shortly. If you are not vaccinated, or are just uncomfortable attending in person, the virtual event is available and we hope you actively participate, as many did at our successful virtual conference last year.
- Meetings. Similarly, each RCPA division director will be discussing with members whether any upcoming meetings will be in person, hybrid, or virtual. Again, all such meetings will require on-site attendees to be fully vaccinated.
- Provider Site Visits. One of the hallmarks of RCPA is that staff historically have spent a great deal of time "on the road" visiting with providers for better understanding programs, services, issues, etc. COVID clearly brought that practice to a halt. Of recent, some of these important visits have been reinstated. Moving forward, this will be based on a case-by-case discussion between the RCPA staff member(s) and the provider organization.
The most current federal and local guidance will be followed regarding mask wearing at all events. Having outlined all of the above, we all know it can change again tomorrow. But given the many questions and comments from members on this issue, we felt it important to document the thinking at this time.
Thank you,
Richard S. Edley, PhD
RCPA President/CEO
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Richard Edley
CEO
Rehabilitation and Community Providers Association
Harrisburg PA
(717)364-3280
Original Message:
Sent: 07-20-2021 14:30
From: Gian-Carl Casa
Subject: Vaccinations and Conferences
Hello.
We are planning our Annual Conference for December. Because of concerns about the variants we have been talking about the options we have concerning attendance. We are planning to cap attendance in order to maintain social distances, but we are thinking about lifting the cap if everyone's vaccinated.
Has anyone dealt with this? Is it legal to ask people to state whether they are vaccinated when they register for the Conference? I know we can ask our employees, but can we make it a condition of attendance at an event?
Thanks,
Gian-Carl
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Gian-Carl Casa
President and CEO
Connecticut Community Nonprofit Alliance, Inc.
Hartford CT
(860)525-5080 1022
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