Vaccine mandates: HIPAA privacy misconceptions; FAQs

November 18, 2021

Read Time: 1 min

Member Kathy Conklin was quoted in a November 17 article in New Orleans CityBusiness regarding to which businesses HIPAA does and does not apply, and what it dictates in relation to those businesses.

“The guidance reminds everyone that the HIPAA Privacy Rule only regulates the usage of protected health information by covered entities and their business associates, and only health care providers, health care clearing houses, and health plans are covered entities,” Conklin said. “Those entities cannot provide vaccination information to third parties who are not covered entities without an appropriate HIPAA authorization or as otherwise permitted under HIPAA. However, employers or businesses interacting with their customers or visitors are not covered entities and are not restricted by the HIPAA Privacy Rule.”

Click here to read the article (subscription required).

Insights

Presentation

Back to the Office Dilemmas: How Employers and Insurers are Addressing Evolving Risks Around Mandatory Vaccines

January 25, 2022

Mag Bickford (New Orleans) will moderate a panel on how employers and insurers are addressing evolving risks around mandatory vaccines on January 25, 2021, during the ACI's 30th Annual Employment Practices Liability Insurance Conference.

Alert

Holiday COVID Updates: CDC Shortens Quarantine Periods; SCOTUS to Hear Vaccine Cases Jan. 7

December 28, 2021

The Supreme Court announced on December 22 that it would hear oral arguments in cases determining the fates of two government vaccine rules. On December 27, the CDC issued new guidance on isolation and quarantine as Omicron cases soar over Christmas weekend.

Alert

OSHA Vaccine Rule Is Back On, Pending Final Supreme Court Ruling

December 21, 2021

On December 17, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati dissolved the stay on enforcement of OSHA’s COVID-19 Emergency Temporary Standard (ETS), known colloquially as the vaccine mandate.

In the Media

Business on business lawsuits on the rise in Baton Rouge

December 10, 2021

Member Zelma Murray Frederick (Baton Rouge) was quoted in a Baton Rouge Business Report article on the rise of litigation in the Baton Rouge area, from pandemic-related litigation to disputes between businesses.

Alert

OSHA Vaccine Rule Cases Consolidated, Transferred to Sixth Circuit for Review

November 18, 2021

The challenge to OSHA’s Emergency Temporary Standard (ETS) that was pending before the U.S. Court of Appeals for the Fifth Circuit has been transferred. The Judicial Panel on Multidistrict Litigation issued a ruling on November 16, consolidating all challenges to the ETS to the Sixth Circuit in Ohio.

Alert

Fifth Circuit Stays OSHA Vaccine Rule, Citing “Grave Statutory and Constitutional Issues”

November 10, 2021

On Saturday, November 6, the United States Court of Appeals for the Fifth Circuit released an emergency motion to stay enforcement of the Emergency Temporary Standard (“Mandate” or “ETS”) issued by the Occupational Safety and Health Administration (OSHA) the day before.

Alert

OSHA’s Vaccine Mandate Rules Are Here. Is This the Final Word?

November 4, 2021

In September, the Biden administration announced that the Department of Labor would mandate that all businesses with 100 or more workers require their employees to either get vaccinated against the Coronavirus or face mandatory weekly testing. For many employers, the announcement raised more questions than answers to their Covid woes.

Alert

Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

October 5, 2021

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated.

Alert

Louisiana State Judge Dismisses Lawsuit Attacking Vaccine Mandate

September 24, 2021

On September 23, 2021, at the conclusion of a contentious hearing, a Louisiana state court judge in Lafayette dismissed a lawsuit filed by 48 employees and contractors of Ochsner Lafayette General Health System seeking to have the hospital’s COVID-19 vaccine mandate declared unlawful.