Oakland County offersCommunity Clinicswith the ability to set an appointment online or simply walk-in to receive a vaccine. There are no barriers to getting the vaccine and there are more places than ever to find a shot. Many of the pharmacies and other health care providers in the area also have shots available and are welcoming walk-ins for doses.
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Washingtons vaccine mandate for state and health care workers is about to take effect, but the aftermath will vary depending on where you work.
Monday is the last day to get vaccinated in order to comply with the governors vaccine mandate, which requires state employees and health care workers to be fully vaccinated by Oct. 18.
Workers who receive the Johnson & Johnson single-dose shot on Monday will reach the two-week post-vaccination mark and therefore be considered fully vaccinated just by the deadline.
How the vaccine mandate will impact your job largely varies, however.
Many health care workers in Washington are represented by unions, which attempted to bargain the impact of the governors mandate with employers.
Some unions have negotiated paid time off or a buffer period following the Oct. 18 deadline. Some hospitals have not been willing to bargain, however, so how quickly the impacts of the mandate are felt might depend on the employer .
Nurses at Sacred Heart Medical Center and Holy Family Hospital who do not have a verified exemption or are not fully vaccinated by Oct. 18 will be removed from the schedule but will not be separated from employment until Nov. 18, according to the memorandum of understanding agreed to between the Washington State Nurses Association and the hospitals.
Nurses will remain eligible for rehire if they get fully vaccinated or have an exemption approved during that time.
Exemptions are considered for nurses with certain medical issues, as well as sincerely held religious beliefs. Hospitals will provide reasonable accommodation on a case-by-case basis if a nurses exemption has been approved, which could include testing plans, more personal protective equipment or an alternative work assignment.
SEIU1199 NW health care union represents service and technical workers at MultiCare Deaconess Hospital, as well as nurses, service and technical workers at Valley Hospital. As of Friday, both bargaining units had not signed memorandums of understanding regarding the vaccine mandate.
There is no data available from the state that shows how many workers will leave the health care workforce as a result of the mandate.
In the past month, vaccination rates have increased statewide by 25%, Department of Health officials said last week.
Similarly, Providence Spokane hospitals have seen an uptick in staff members getting vaccinated. Providence has not released staff vaccination rates, though.
Across the board when we look at all departments, were seeing more and more people become vaccinated, which is phenomenal to see from the standpoint of a physician to reduce their risk of becoming very, very ill, Dr. Dan Getz, chief medical officer at Providence Spokane, told reporters Friday.
He thinks the mandate, as well as the current COVID risk with the delta variant, have led to an uptick in employees seeking vaccines.
The Washington State Hospital Association plans to collect hospital vaccination rates in the coming weeks and give that information to the state.
Staffing challenges in the health care sector were a problem in Washington state before the pandemic, especially in nursing.
The stress of the pandemic added insult to injury, with more health care workers leaving the industry as a result of pandemic fatigue and burnout.
Now, in the worst COVID wave the state has seen, health care workers will have to prove they have been vaccinated or have an approved exemption to continue working in hospitals, clinics and long-term care facilities statewide.
The governor believes that the mandate will not result in a large loss of personnel across the state.
We think the vast, vast majority of health care professionals, educators and state employees will stay committed to their service, Gov. Jay Inslee said in Spokane on Wednesday.
State Secretary of Health Dr. Umair Shah said it was hard to know how the mandate would impact staffing statewide.
Some workers unions have bargained for flexibility on the Oct. 18 deadline.
If workers are not vaccinated by then but are awaiting a decision on their accommodation or exemption, they can take paid or unpaid leave for up to a month to receive their decision or get vaccinated, if needed.
A spokesman from the governors office said some agencies began issuing separation notices on Friday but will rescind them if a workers vaccination status is verified before Oct. 18.
The state is not tracking separation notices, but will track how many people actually leave their jobs after Oct. 18.
As of Sept. 20, about 68% of state workers had verified vaccination status, according to data from the Office of Financial Management.
About 9% of state workers have applied for a vaccine accommodation, most of which are religious exemptions.
According to OFM, 5,778 medical and religious exemption requests have been submitted, although only 788 have received accommodations.
S-R Reporter Laurel Demkovich contributed to this report.
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She was an animal lover in Kentucky who was a "bright ray of sunshine" to all who knew her. He was a father of two and "young soul" in Florida who could often be found out on the water on his boat. They were excited about the next chapters in their lives -- for her, a wedding; for him, his first grandchild.
Samantha Wendell and Shane O'Neal both also resisted getting vaccinated against COVID-19 for months, stemming from feelings of either fear or fearlessness, before deciding to make an appointment to get the shot. But before they could, they contracted COVID-19 and, following weeks of severe illness, died last month after doctors exhausted all options, their families said.
Their two tragic tales were shared publicly on social media and to news outlets by grieving family members trying to make sense of what happened, and maybe prevent others from going through the same loss.
They also represent a population that public health experts are still trying to reach, as millions in the United States remain unvaccinated against COVID-19 as the more contagious delta variant continues to spread.
Days after returning home from her Nashville bachelorette party in July, Wendell, a surgical technician from Grand Rapids, started to feel sick, her cousin, Maria Vibandor Hayes, told ABC News. Her fiance, Austin Eskew, also fell ill, she said, about a month before the two college sweethearts were set to tie the knot on Aug. 21.
Eskew recovered, but Wendell's illness progressed to the point where she was having trouble breathing and needed to be hospitalized the second week in August, according to Vibandor Hayes. The next month was a "rollercoaster" of progress and setbacks, her cousin said. Wendell was moved to a hospital in Indiana, where she was put on a BPAP (bilevel positive airway pressure) machine to help with her breathing, but the week of her wedding she was intubated and put on a ventilator, Vibandor Hayes said.
Samantha Wendell was in the hospital on her wedding date before dying from COVID-19 on Sept. 10, 2021, family said.
After a few more weeks of ups and downs, Wendell's condition didn't improve and doctors told the family they had done everything they possibly could, her cousin said. She died on Sept. 10 from COVID-19 at the age of 29.
"I didn't think that this would be our story," Vibandor Hayes said. "Surely, we're gonna have a wedding to attend before the end of the year, Sam is gonna wake up and she'll be better and we're going to celebrate and live life. But that was not what was the case."
"I just never want another family to experience what our family has gone through, to say goodbye to somebody on the phone," she said.
Maria Vibandor Hayes, left, with her cousin Samantha Wendell in an undated photo.
It was particularly hard to see what her cousin went through because Vibandor Hayes is a COVID-19 long hauler, after contracting the virus in March 2020. "I remember how I felt, I remember how I thought I could possibly die," said Vibandor Hayes, who still suffers from brain fog.
The couple had appointments to get vaccinated after Wendell returned from her bachelorette party, but then they both got sick, Vibandor Hayes said. They had previously hesitated due to concerns of infertility, but Wendell's mother had encouraged them to get vaccinated ahead of their wedding and honeymoon, the cousin said.
Wendell was not alone in her fears of the vaccine -- others have hesitated on getting the shot due to unfounded rumors that it might lead to infertility. Medical experts and the Centers for Disease Control and Prevention have stressed there is no link between the vaccines and fertility.
"Misinformation killed my cousin," Vibandor Hayes said. "She is a smart young woman, she always has been. I feel like if she was able to look at things from another perspective and that if she had all the information at her hand, that she would have eventually not hesitated for so long."
Shane O'Neal, seen here in an undated photo, died on Sept. 3, 2021, after contracting COVID-19, his family said.
O'Neal was an avid outdoorsman who could often be found fishing, jet skiing or hunting, his daughter, Kylie Dean, told ABC News.
The resident of Maxville, outside Jacksonville, wasn't too concerned about getting vaccinated against COVID-19 -- he mostly kept to himself on his boat when he wasn't at his construction company, Dean said.
"He knew [COVID-19] was real, and he knew what was going on, but I don't think he lived his life in fear of it," Dean said.
The "turning point," she said, was the delta variant, which has fueled a surge of cases and hospitalizations, particularly in the Jacksonville area.
"He knew people affected by it, that it's not something that's going away, it's actually coming back with a vengeance almost," Dean said. "So that's why he was like, you know what, I'm just going to go ahead and do it."
The week O'Neal planned to get the vaccine, though, he tested positive for COVID-19 in early August, his daughter said. He was hospitalized a week later and eventually put on a ventilator. He was a good candidate for extracorporeal membrane oxygenation (ECMO) treatment, a last resort for COVID-19 patients, though his hospital didn't have the machine available, Dean said. After she put out a plea for an ECMO bed, doctors were able to find him one. But his condition deteriorated, and he died in the early morning hours of Sept. 3 at the age of 40.
Kylie Dean with her father, Shane O'Neal, in an undated photo.
About 20 minutes after he died, Dean gave birth to her baby boy, O'Neal's first grandchild.
"I literally broke down, hysterically crying," Dean said of when she got the call that her dad was going to pass soon. "I didn't want him to die alone."
The family is still "in shock," Dean said. Her father was young and had no comorbidities, but his illness progressed rapidly.
Dean, an intensive care unit nurse, hopes to improve access to ECMO therapy and has been speaking out to warn others about the virus and urge them to protect themselves. "It's a monster and people need to be careful, she told ABC News Jacksonville affiliate WJXX.
Wendell's and O'Neal's stories are akin to others shared by family members. Other recent reports of people who planned to get vaccinated but died after contracting COVID-19 include a 53-year-old former Texas councilman, a 39-year-old Illinois teacher, a 48-year-old teacher in Florida, and a 20-year-old college student in North Carolina.
Nearly all COVID-19 hospitalizations and deaths are among people who are unvaccinated, as health care workers and in some cases those hospitalized themselves plead for vaccination.
As of Wednesday, some 70 million people who are eligible to get the COVID-19 vaccine remain unvaccinated, according to federal data. Over 65% of those ages 12 and up are fully vaccinated nationwide, which is low considering the level of access to free vaccines in the U.S., Rupali Limaye, director of Behavioral and Implementation Science at the International Vaccine Access Center, based at the Johns Hopkins Bloomberg School of Public Health, told ABC News.
At this stage, two main forces may get someone who is hesitant vaccinated, Limaye said -- one is hearing about someone regretting not getting the vaccine, the other a vaccine mandate.
"If someone they know themselves is dealing with a very severe case, and someone they know dies from it or they're close to death, I think that tends to change their mind," Limaye said. "Or the vaccine mandate, because then that's sort of an economic sanction."
Hesitancy continues to be fueled by safety concerns and distrust of the vaccine development process, as well as the belief that preventative measures are unnecessary, she said. Public health experts continue to work to dispel misinformation, but hearing personal stories could be impactful.
"If it is someone that you know where you can hear from a friend, 'This is what happened to my mom,' I think that puts it into perspective for people a lot versus just public health folks saying you should get it," Limaye said. "I think it makes it much more real."
Vibandor Hayes said she has received "hate mail" from strangers after urging people to get vaccinated, but wants to continue to speak out to help prevent another family from experiencing the same heartbreak.
"If this is the gift she has left us, to share with others, then that's what we'll do," Vibandor Hayes said.
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They had an appointment to get the vaccine, but died from COVID-19 - ABC News
Sometimes, the simplest solution is the most effective. After months of advertising campaigns, lottery entries, gimmicky incentives, and outright pleas for Americans to get their COVID-19 shots, the White House, local governments, and businesses finally started getting tough, with vaccine mandates from Joe Biden, local leaders, and corporations taking effect across the country. And wouldnt you know it, requiring people to get vaxxed to work, attend school, and participate in other hallmarks of pre-pandemic life might be working better than promising them a free beer.
Despite a spate of recent headlines about workers walking off the job or getting fired for refusing mandatory vaccinations, a vast majority of employees seem to be complying with the new requirements. United Airlines, one of the first major corporations to make employment contingent on inoculation, announced Mondaythe day of its compliance deadlinethat 98.5% of its United States-based workforce had received at least one shot, with CEO Scott Kirby noting that number isnt even the final tally. That, Kirby said, will likely put the companys vaccination rate at more than 99%and the number of employees terminated under the mandate at fewer than 600. Everyone is safer when everyone is vaccinated, Kirby said, and vaccine requirements work.
Evidence of the effectiveness of mandates also came from Tyson Foods, which imposed a vaccine requirement for all employees at the beginning of August. At the time, not even half of its workers were vaccinated. On Thursday, the companys chief medical officer, Claudia Coplein, told the New York Times that its vaccination rate was now 91%a huge swing over the course of the last two months. The apparent success could be a model for other companies and governments, which have reached out to Tyson, per the Times DealBook newsletter.
There have been and will be some refusals that result in job losses, of course. There will continue to be high-profile vaccine truthers, such as NBA star Kyrie Irving, who has asked for privacy about his vaccination status. (Irving, Andrew Wiggins, and other NBA anti-vaxxers got a shout-out from Ted Cruz over their stand. NBA legend and activist Kareem Abdul-Jabbar was less impressed: The NBA should insist that all players and staff are vaccinated or remove them from the team, he told Rolling Stone. There is no room for players who are willing to risk the health and lives of their teammates, the staff and the fans simply because they are unable to grasp the seriousness of the situation or do the necessary research.) But despite political divides over mandates, a growing body of evidence suggests that compliance with the requirements has been strong.
The mandates appear to be particularly effective in healthcare systems, including in New York, where 92% of workers statewide have now received shots. Holding firm on the vaccine mandate for health care workers is simply the right thing to do to protect our vulnerable family members and loved ones from COVID-19, said New York Governor Kathy Hochul, noting that those numbers have spiked in the past month. If mandates are similarly effective at other large businesses, which will have vaccine mandates or stringent testing requirements under the plan Biden announced earlier this month, it could have a profound impact on the battle against the pandemic. Right-wingers like Cruz and Tucker Carlson, whose Fox News program has been a geyser of anti-vaccine fearmongering and wild conjecture about the state of Nicki Minajs cousins friends testicles, are going to keep sowing doubt. But at the end of the day, they represent a smaller number than those who support the mandatesand they arent the ones signing Americans paychecks.
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Turns Out Most Americans Will Get the COVID-19 Vaccine to Keep Their Job - Vanity Fair
After implementing first-in-the-nation school masking and staff vaccination measures, California becomes the first state to announce plans to require student vaccinations adding the COVID-19 vaccine to list of vaccinations required for school, such as the vaccines for measles, mumps, and rubella
Students will be required to be vaccinated for in person learning starting the term following FDA full approval of the vaccine for their grade span (7-12 and K-6).
SAN FRANCISCO At a school in San Francisco, Governor Newsom announced plans to add the COVID-19 vaccine to the list of vaccinations required to attend school in-person when the vaccine receives full approval from the Food and Drug Administration (FDA) for middle and high school grades, making California the first state in the nation to announce such a measure. Following the otherfirst-in-the-nation school masking and staff vaccination measures, Governor Newsom announced the COVID-19 vaccine will be required for in-person school attendancejust like vaccines for measles, mumps, rubella and more.
The state already requires that students are vaccinated against viruses that cause measles, mumps, and rubella theres no reason why we wouldnt do the same for COVID-19. Todays measure, just like our first-in-the-nation school masking and staff vaccination requirements, is about protecting our children and school staff, and keeping them in the classroom, said Governor Newsom. Vaccines work. Its why California leads the country in preventing school closures and has the lowest case rates. We encourage other states to follow our lead to keep our kids safe and prevent the spread of COVID-19.
Thanks to the states bold public health measures, California continues to maintain thelowest case rate in the entire countryand is one of only two states to haveadvanced out of the CDCs high COVID transmissioncategory.More information about the announcement can be foundhere.
The vast majority of school districts have reported that over 95% of students have returned to in-person instruction this school year, as can be seen on the statesStudent Supports & In-Person Dashboard. Thanks to unprecedented resources and public health measures (measures shown to be highly effective), California isleading national trends in preventing school closuresand keeping kids in classrooms, accounting for only 14 out of over 2,000 school closures nationwide, or roughly 0.7% despite the fact that California educates an estimated 12% of the nations public school students. If Californias rates had aligned with national trends, the state would have seen upwards of 240 school closures.
In order to further protect students and staff and continue supporting a safe return to in-person instruction for all students, the Governor directed the California Department of Public Health (CDPH) to follow the procedures established by the Legislature to add the COVID-19 vaccine to other vaccinations required for in-person school attendancesuch as measles, mumps, and rubellapursuant to the Health and Safety Code. COVID-19 vaccine requirements will be phased-in by grade span, which will also promote smoother implementation.
Upon full FDA approval of age groups within a grade span, CDPH will consider the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians prior to implementing a requirement. Following existing statute, full approval of ages 12+ corresponds to grades 7-12, and full approval of ages 5-11 corresponds to grades K-6. Students who are under the age of full approval, but within the grade span, will be required to be vaccinated once they reach the age of full approval (with a reasonable period of time to receive both doses), consistent with existing procedures for other vaccines. The requirement will take effect at the start of the term following full approval of that grade span, to be defined as January 1st or July 1st, whichever comes first. Based on current information, the requirement is expected to apply to grades 7-12 starting on July 1, 2022. However, local health jurisdictions and local education agencies are encouraged to implement requirements ahead of a statewide requirement based on their local circumstances.
Governor Newsoms historic$123.9 billion Pre-K and K-12 education packageis providing an unprecedented level of school and student funding to transform the states public schools into gateways of equity and opportunity, supporting the potential of every California student by: achieving universal transitional kindergarten for four-year-olds by 2025, expanding afterschool and summer programs, providing universal free school nutrition, increasing the number of well-prepared staff per pupil, creating full-service community schools to support the mental and social-emotional well-being of students, and more.
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Dr. Vanessa Kerry, cofounder and CEO of Seed Global Health, discusses the need to place equity and fairness at the heart of the global health agenda.
Access to Covid-19 vaccines remains elusive for children as well as adults in many parts of the ... [+] world.
This week parents across the United States were greeted with the news that Pfizer was submitting data to the FDA that its Covid-19 vaccine has been found to be safe and effective for children as young as five. As a parent myself, I imagine my sighs of mingled relief, exhaustion, and joy were mirrored in millions of households.
Equally, as a medical doctor and public health professional, I am pleased to see the data showing how the vaccine generates an appreciable antibody response and proving it is safe.
But that doesnt erase how exceedingly difficult the last two years have been. Parents have borne a unique burdentrying to balance the demands of work, a dramatic and difficult shift to remote school for kids, and protecting their families from Covid-19.
And the joy that parents like me felt this week has yet to extend to too much of the world, where access to Covid-19 vaccines remains elusive for children as well as adults.
In addition to being a doctor and a parent, I also head Seed Global Health, a nonprofit organization that seeks to improve health around the world by ensuring no country lacks the doctors, nurses, and midwives needed to care for individuals and communities. Yet every day in our work, we see historic inequities and injustices in health play out just like this vaccine rollout.
Countries like Malawi have fewer than one doctor for every 25,000 people (by contrast, the U.S. has 65). In Sierra Leone, a womans lifetime risk of dying during childbirth is 1 in 17. Half of deaths in Uganda could be prevented if emergency care services existed. Here in the United Stateseven though stark health disparities remainmost people dont face these same challenges or lack of options.
So, even as we stand at the pinnacle of vaccinations in the United States, with children as young as five on the precipice of receiving protection, I refuse to accept the growing chasm between countries with resources like ours and every other vulnerable country and person around the world.
It is an unfairand unnecessarydivide.
The World Bank has estimated the cumulative cost of Covid-19 at $16 trillionand counting. In contrast, the International Monetary Fund has estimated the cost to vaccinate every person on this planet at $50 billion.
To be clear, given the choice, every parent should protect their children. I would never argue otherwise. Every family has a right to the safety and security of health that makes education, employment, and opportunity possible. Health is truly fundamental for children to not just survive but to thrive. The problem is that not every family has that option today.
I was raised in a household that emphasized public service, finding ways to courageously address hard challenges, and contributing to those solutions for the greater good. Im raising my own children with values of fairness, service, global citizenship, and a belief in our common humanity.
With innovation, courage, and political will, we can make these values real and translate them into durable change for children in the United States and around the world. We can also cast aside any myopic reasons why such a transformation in health might not be possible: it takes too long; it costs too much; the financial returns are too hard to measure.
Data and the work of many refute these arguments. The World Bank has estimated the cumulative cost of Covid-19 at $16 trillionand counting. In contrast, the International Monetary Fund has estimated the cost to vaccinate every person on this planet at $50 billion. Such investment promises dividends beyond health in development, economic growth, and wellbeing.
The world that every child deserves is not out of reach. Building on the momentum of the Biden Administration convening a Covid-19 summit and world leaders meeting atthe United Nations General Assembly this month, there is a significant opportunity toplace equity and fairnessvalues we should teach our children for a stronger, safer worldat the heart of our global agenda.
Today, parents in certain parts of the world can cheer a closer return to normalcy for their children and communities. Tomorrow, we must move beyond celebration and into action, ensuring that every parent can breathe the same sigh of relief.
Full coverage and live updates on the Coronavirus
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SPRINGFIELD To increase access and availability of COVID-19 services, five of the states ten Community Based Testing Sites (CBTS) now offer the COVID-19 vaccine to patients age 12 and older. All three vaccines are available during operating hours. No appointment or doctor referral is needed at state operated sites, and all services are offered at no cost to the individual.
With this latest wave of COVID-19 cases and hospitalizations, overwhelmingly caused by the Delta variant, we continue to work to expand access to both COVID-19 testing and vaccination, said IDPH Director Dr. Ngozi Ezike. Testing is crucial for identifying new cases to reduce the spread of the virus, and the COVID-19 vaccine is our clearest path to ending this pandemic.
Parents or guardians of children younger than 17 years of age must be present and provide written consent in order for the minor to receive the COVID-19 vaccine.
Due to the demand for these services, there could be varied wait times associated with these drive-thru community-based testing sites. Please be patient. If you are experiencing a medical emergency, you are urged to call your doctor or emergency department to seek immediate care and instructions.
A list of public and private testing sites can be found on the IDPH website at http://www.dph.illinois.gov/testing. For additional vaccine locations, please visit http://www.vaccines.gov.
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Five Community-Based Testing Sites Now Offer COVID-19 Vaccinations | IDPH - IDPH
The Dallas Mavericks are requiring all fans who attend games at the American Airlines Center this season to show proof of full COVID-19 vaccination, or show that they had a negative test taken 48 hours prior to the game, with certain exceptions.
Exceptions exist for children under the age of 12 who are not seated within 15 feet of the court. Since they are not able to be vaccinated they are not required to comply with the vaccine or testing requirements.
However, everyone over the age of 2 must still wear a mask inside the arena unless actively eating or drinking, in accordance with Dallas County's mask mandate.
The team said beginning Oct. 1, fans can upload the desired documents and check-in by following the steps onMavsCheckin.comfor seamless entry into the arena. For those who do not have access to a smartphone, all attendees must bring a printed or digital copy of negative test results or a physical COVID-19 vaccination card.
Connecting you to your favorite North Texas sports teams as well as sports news around the globe.
A list of Dallas County COVID-19 testing facilities can be found here.
The Mavericks said they will have staff at each door of the AAC checking proof of negative tests and vaccination status and that those who are not in compliance will not be allowed in the arena.
Landon Thomas runs the website, MavsFansForLife.com, and says since Thursday's announcement, he's heard from fans on both sides of the issue.
"It's Mark Cuban's responsibility to make sure that Mavs fans are safe inside his house, the AAC, and also keep his investment safe -- protecting the players," Thomas said.
Outside the AAC, fans weighed in on the policy.
"I think thats fine," said Ron Houghton, who told NBC 5 he is vaccinated.
However, his wife Tammy Houghton said she isn't vaccinated yet.
"If I'm not going to get vaccinated, then I'm going to have to do a lot more planning," she said.
Further details can be found on the Mavs' website, on their 2021-2022 Health and Safety Protocols page.
On Wednesday, Mavericks guard Trey Burke told reporters after practice that he has yet to receive the vaccination. According to NBA policies, players who havent received the COVID-19 vaccination will be tested far more often than their vaccinated colleagues and face a slew of other restrictions.
"There's no more unified set of owners than the owners in the NBA and they're all about communicating one message and so the fact that more of them have come out with similar policies as the Mavericks over the last 48 hours is no surprise," said Ray Mallouk, co-founder of Breakaway Sports Marketing in Plano.
The Dallas Mavericks are hosting the annual Fan Jam on Sunday, Oct. 3 at 1 p.m. where fans will get a first look at the complete 2021-2022 Dallas Mavericks team at open practice on the main court. The event will feature the Mavs ManiAACs, Drumline, D-Town Crew and Mascots and is free and open to the public. COVID-19 protocols are in place for this event.
The Mavs' pre-season tip-off is Wednesday, Oct. 6 against the Utah Jazz.
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When use or disclosure of an individuals health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is the primary law governing the use and disclosure of individually identifiable health information. However, HIPAA is often incorrectly applied in workplace settings.
Today, in an effort to clarify some of these issues as they relate to COVID-19 vaccination data, the Office for Civil Rights (OCR), the agency responsible for enforcing the HIPAA privacy and security rules (the HIPAA rules), issued this guidance. We have summarized some of the key points below.
Do the HIPAA rules prohibit businesses or individuals from asking whether their customers or clients have received a COVID-19 vaccine?
The OCRs answer is clear No.
The HIPAA Privacy Rule does not prohibit any person (e.g., an individual or an entity such as a business), including HIPAA covered entities and business associates, from asking whether an individual has received a particular vaccine, including COVID-19 vaccines.
It is important to remember that the HIPAA rules apply only to covered entities and business associates. In general, covered entities include health plans, health care clearinghouses, and health care providers that conduct standard electronic transactions. But, HIPAA does not apply to entities functioning in their role as employers or to employment records.
The OCR also reminds organizations that even if HIPAA applies, it regulates the use and disclosure of protected health information (PHI), not the ability to request information. Thus, the HIPAA rules do not prohibit a covered entity from receiving COVID-19 vaccination information about an individual. Of course, organizations that receive such information, including employers, still may have a duty to safeguard that information and keep it confidential.
Do the HIPAA rules prohibit an employer from requiring a workforce member to disclose whether they have received a COVID-19 vaccine to the employer, clients, or other parties?
This is a popular question these days. The OCRs answer, No.
OCR reminds readers that the HIPAA rules do not apply to employment records:
including employment records held by covered entities or business associates in their capacity as employers.
The OCR also observed that:
federal anti-discrimination laws do not prevent an employer from choosing to require that all employees physically entering the workplace be vaccinated against COVID-19 and provide documentation or other confirmation that they have met this requirement, subject to reasonable accommodation provisions and other equal employment opportunity considerations.
But, again, once collected, vaccination information must be kept confidential and stored separately from the employees personnel files under Title I of the Americans with Disabilities Act (ADA).
Do the HIPAA rules prohibit a covered entity or business associate from requiring its workforce members to disclose to their employers or other parties whether the workforce members have received a COVID-19 vaccine?
Another popular question and, again, the OCRs answer is no.
The HIPAA rules generally do not regulate what information can be requested from employees as part of the terms and conditions of employment. The following examples from OCR make clear that HIPAA does not prohibit a covered entity or business associate from requiring or requesting each workforce member to:
Do the HIPAA rules prohibit a doctors office from disclosing an individuals PHI, including whether they have received a COVID-19 vaccine, to the individuals employer or other parties?
Here, the answer is generally, yes.The doctors office is a HIPAA covered entity and the HIPAA rules prohibit covered entities from using or disclosing an individuals (patients) PHI except with the individuals authorization, unless an exception applies. Exceptions include, for example, disclosures made for treatment, payment, or health care operations. Absent an exception, the doctors office will need a written authorization in order to disclosure the records.
Note, however, if the physician that owns the practice, while functioning as an employer, has COVID-19 vaccination information about an employee of the practice, the HIPAA rules generally would not apply to prohibit the physician from disclosing that information. But, other laws could apply, such as the ADA.
The OCR provides some additional examples:
Organizations across the country are struggling with COVID-19 related regulations and the impact on their operations screening requirements, vaccination mandates, how to incentivize vaccinations, responding to customer demands for vaccination status information about employees, maintaining adequate staffing levels, arranging for COVID-19 testing, etc. This OCR guidance should help to some degree by clarifying some questions regarding whether an often-cited set of rules the HIPAA rules apply to limit the use and disclosure of information necessary to carry out some of these activities. As explained above, the HIPAA rules often are not applicable.
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OCR Speaks To HIPAA, COVID-19 Vaccinations, Privacy, And The Workplace - JD Supra
