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Is it legal for companies to ask about your vaccination status? Legal experts explain

Posted at 7:58 AM, May 26, 2021
and last updated 2021-05-26 11:16:58-04

As companies start requiring workers to be vaccinated some are wondering whether it's legal for companies to ask about vaccination status.

Some are citing the Health Insurance Portability and Accountability Act, which protects personal health information from being shared by a health care provider.

But legal experts say when it comes to vaccines, different rules apply.

"It's not going to protect or prevent an employer from asking you, because an employer is not being defined as what's called a 'covered entity' under HIPAA, which is usually a health care provider or an insurance provider," says Kristin White, workplace safety partner at Fisher Phillips.

The only way this really could be considered a HIPAA violation is if your boss or company called up your doctor and asked about your vaccination status and your doctor shared it.