One of the number one questions people are asking is “Can someone ask if I have been vaccinated against Covid-19”.
The answer is yes. It is not a violation of the HIPPA laws for a business or individual to ask if you have been vaccinated against Covid-19. HIPPA laws were created “to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and well being,” the U.S. Department of Health and Human Services said on its website. The rule applies to people in medical-related fields, including insurance and medical providers.
Many organizations that have health information about you do not have to follow these laws.
Examples of organizations that do not have to follow the Privacy and Security Rules include:
Workers compensation carriers
Most schools and school districts
Many state agencies like child protective service agencies
Most law enforcement agencies
Many municipal offices
However, it really isn’t as clear cut as it seems. The reality is that there will probably be several lawsuits brought against businesses and employers on the basis of discrimination. Preventing someone to access a public business or workplace based on the vaccine card could be violating federal privacy laws that are on the books.
This is just one more reason why employers need to have employment practices liability insurance (EPLI). EPLI covers businesses against claims by workers that their legal rights as employees of the company have been violated. Even if nothing gets paid out in a court of law it will not prevent a claim from occurring. Which will result in legal fees that could be paid by the insurance company instead of your pocket.
EPLI provides protection against many kinds of employee lawsuits, including claims of:
Breach of employment contract
Failure to employ or promote
Deprivation of career opportunity
Wrongful infliction of emotional distress
Mismanagement of employee benefit plans
Watch this short video about unseen risks and how insurance coverage can help businesses prepare.
Contact us today for a free review of your insurance policy and your business operations to be sure you are protected properly.
Author Lisa M. Flaherty is an expert in the field of business insurance. She is a licensed NYS P&C agent and website publisher. Her expertise is working with business owners eradicating critical coverage gaps in insurance policies, and working with employers to reduce workers compensation costs. Her clients include franchised and non-franchised auto dealers, trucking for hire, contractors, retail, hospitality, wholesale distributors, and manufacturers. Contact: Lisa@tiains.com
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