Wyandotte, OK asked in Employment Discrimination for Missouri

Q: I declined a flu vaccine at work. My name was posted publicly.

Is this a HIPPA violation?

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1 Lawyer Answer
Robert Grant Pennell
Robert Grant Pennell
  • Employment Law Lawyer
  • Manchester, MO
  • Licensed in Missouri

A: Laypersons commonly misunderstand HIPAA to have broad application, but that is false. HIPAA doesn't apply to employers generally. It only applies to healthcare providers and those working with or on their behalf (i.e., health insurers, medical records providers, etc.). So, no. Your employer did not violate HIPAA because it isn't subject to HIPAA. That said, it may not be appropriate for the employer to have posted that type of information, depending upon the circumstances.

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