Many caregivers, home health aids and those being cared for want information regarding the vaccination status of those they spend time with in very close quarters. When hiring someone to care for you or a senior loved one in the home, the pandemic has forced us to take steps to protect ourselves and those most vulnerable, specifically the elderly. Is it permissible to ask someone their Covid-19 vaccination status? Or does that violate their privacy protections afforded under the Health Insurance Portability and Accountability Act (HIPAA)?
HIPAA is one of the most misunderstood federal laws. The purpose behind the law is to protect a patient’s identifying health information from being shared without informed consent. The health information protected by the law are records from medical providers and health insurance carriers. HIPAA provides a procedural framework for health care providers to share information that will benefit the patient.
There are four key aspects of HIPAA:
1. Privacy of health information;
2. Security of health data;
3. Notifications of medical record breaches in security; and
4. The right to access the information and obtain copies.
The law does not extend to cover information from the average person or any business outside of health care. Many people misconstrue HIPAA to mean they are comprehensively entitled to healthcare privacy in all types of circumstances. But that simply is not the case.
There are very few situations where employers, businesses, and educators are not allowed to ask you to share your vaccination status. Employers are legally allowed to require proof of vaccination. The Equal Employment Opportunity Commission (EEOC) confirmed recently that no federal law is violated by an employer asking an employee for vaccination status.
This means that if you are hiring a caregiver for a senior loved one, you are allowed to ask whether the person is vaccinated. In turn, the caregiver can also inquire as to whether the patient is also vaccinated. At Stouffer Legal, we understand the obstacles facing caregivers and those in need of long-term care. Finding the right solution often takes time and considerable research.
Start early when it comes to long-term care planning, estate planning and incapacity planning.
Long-term care planning: discovering the services and resources available, determining the costs associated with the various options, and implementing a custom plan designed to fit overall goals.
Estate planning: Devising an economically efficient plan for the distribution of assets after you pass away.
Incapacity planning: Creating a plan to ensure that your legal and financial affairs can be seamlessly conducted in the event of disability/incapacity. Ensuring that your healthcare decisions will be made according to your predetermined instructions.
Many of this planning overlaps into a comprehensive estate plan tailored to each individual’s unique situation. To learn more, contact the estate planning attorneys at Stouffer Legal in the Greater Baltimore area. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
https://attendee.gotowebinar.com/register/861132429824275214
https://attendee.gotowebinar.com/register/5404975282283024141
https://attendee.gotowebinar.com/register/5259050298024112656
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