ACCESS Nursing News and Blog

“Have You Been Vaccinated?” -- Is it Legal to Ask and What You Need to Know about HIPAA

Posted by Louise Weadock, MPH, RN, Founder and CEO-CNO Access Nursing on Aug 10, 2021 10:45:00 AM

With cases of the COVID-19 Delta Variant on the rise throughout the US, getting vaccinated is increasingly becoming a requirement to go into a restaurant, an event, even to work. Starting on August 16th, showing your proof of vaccination to gain entry to most indoor events and venues in New York City will be legally mandated.

So, is asking a person about their COVID-19 vaccination a HIPPA violation?

The Health Insurance Portability and Accountability Act (HIPAA) of 1966 is a federal statute that requires the creation of national standards to bar the disclosure of sensitive patient health information without the patient’s consent. However, HIPAA does not protect your healthcare information from everyone!

So, the answer is YES! It is indeed legal to ask. Here’s a list of entities that are NOT covered by HIPAA:

  • Life insurers
  • Employers
  • Worker’s compensation carriers
  • Most schools and school districts
  • Most state agencies like child protective service agencies
  • Most law enforcement agencies
  • Many municipal offices

For any of your healthcare issues or questions, please contact:

ACCESS Nursing Services has a 36-year reputation as a leading regional provider of healthcare personnel with five city-center offices and seven hospital-based offices, employing more than 3,500 RNs, LPNs, Assistants, Techs and Phlebotomists to work within every clinical setting. We are here to provide insight on the right vaccinations for you and your loved ones. For more information about ACCESS Nursing and our services or employment:


Topics: Blog, COVID-19, Vaccination