Does HIPAA’s Privacy Rule Apply to Vaccine Questions? – NBC 5 Dallas-Fort Worth

You may have heard public figures respond to questions about COVID-19 vaccines by quoting the HIPAA privacy rule.

The Health Insurance Portability and Accountability Act (HIPAA) was introduced in 1996 and makes it illegal for healthcare providers, plans, and clearinghouses to divulge patient information to unauthorized individuals.

“I think it’s kind of an acronym for medical privacy,” said Loren Jacobson, who teaches health law at UNT Dallas College of Law.

Jacobson states that HIPAA also gives patients the right to access their records and request corrections, but HIPAA does not apply to employers, companies, or curious individuals asking about your COVID-19 vaccine status. The U.S. Department of Health recently released this guide to the HIPAA Privacy Rule and COVID-19 Vaccine Issues.

“It’s okay to say I don’t want to share my personal health information with the public, or it’s none of your business, but it’s not about HIPAA,” Jacobson said.

“I don’t think you have to stand behind the law to say that I don’t want to share my health information with the public. I think that’s a valid position, but it’s not HIPAA, ”added Jacobson.

The State Vaccine Register: What It Does And What It Doesn’t

When it comes to your COVID-19 vaccination records, the state maintains a registry called ImmTrac2.

It was set up as an opt-in system to track childhood vaccinations.

“So you don’t have to keep up with the paper recordings we kept as kids,” said Chris Van Deusen of the Texas Department of State Health Services.

Van Deusen explains that during this public health emergency, vaccine providers are adding adult COVID-19 vaccine information to the registry – where the information will be kept for five years.

“Just so we can keep track of the numbers, let’s look at how many Texans have been vaccinated and how many doses are given,” said Van Deusen.

However, Van Deusen said the registry cannot be used as a vaccination record to confirm a person’s vaccination status.

“It is not a situation that an employer could go in or a restaurant or concert hall could check,” explained Van Deusen. “It’s for your healthcare provider to get in and use.”

Your physician, if registered with ImmTrac2, can access this information for the patient. For example, if you’ve lost your paper vaccination card, your doctor may be able to get you your COVID-19 vaccination record.

It is also possible to request your record directly from the vaccination registry by emailing ImmTrac2@dshs.texas.gov or faxing your application to 512-776-7790.

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