“It would not be a HIPAA violation for an employer to ask an employee’s healthcare provider for proof of vaccination”
How so?? MY employer asked me for my vaccination status and i told them i was protected under HIPAA and was not obligated to inform them of my vaccination status or anything else about my health.
How did that go over with th your employer?
Your employer is not a covered entity no matter how much you want them to be they are exempted. This is from the .gov direct
https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
Who Is Not Required to Follow These Laws
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:
Life insurers
Employers
Workers compensation carriers
Most schools and school districts
Many state agencies like child protective service agencies
Most law enforcement agencies
Many municipal offices
Your employer can ask all they want and you can choose to tell them or not but noncompliance is not a covered activity so HIPAA flat out doesn’t apply.
“MY employer asked me for my vaccination status and i told them i was protected under HIPAA and was not obligated to inform them of my vaccination status or anything else about my health.”
Partially correct. But please don’t read into the statement. It is not a violation for them to ask so they would have to be punished for it. It is not a violation for you to approve of your provider doing what you want by providing the information if you direct them to. It is only a violation by the provider giving out the information if not okayed by you to be released. And in some cases the information can be released whether you okay it or not. An example is like when a doctor may disclose information from a patient’s medical record without consent if the doctor reasonably believes the patient may cause imminent and serious harm to themselves, an identifiable individual or group of persons. Or release to family members, normally designated, to patients with impaired decision-making capacity. But it could also be a legal representative. There are more. But the HIPPA standard for release is really very broad.
wy69