What Health Information Can Employers Require From Their Workers?
MINNEAPOLIS (WCCO)  As more workers head back to the office, some will have to share medical information with their employers. Good Question. HIPAA, which stands for the Health Insurance Portability Accountability Act, was passed in 1996. It was a federal law which created national standards for the protection of private patient health information being disclosed without the patients knowledge, including health care plans, health care clearing houses, as well as health care providers. Currently, there is no federal law that addresses the issue of employers requiring vaccination. But the Equal Employment Opportunity Commission issued guidance in May which says employers can mandate vaccines as long as they can prove its job-related. Employers can mandate medical testing, which could include taking of temperatures, COVID testing if they determine that it is job-related and consistent with a business necessity, said employment attorney Zaylor Stout. There are, however, two exceptions: medical disability  which is covered by the Americans with Disabilities Act  and religious beliefs. However, Stout said those exceptions have a high bar. Stout also clarified that HIPAA really just applies to the disclosure of medical records, not so much what you can tell your employer. So heres the example, he said. Yes. So the employer has the ability to try to prevent that from happening.  Employers should not be asking any details in regards to a diagnosis. Stout says its more common to see companies offer vaccine incentives rather than mandates. There is a bill that has been introduced in Minnesotas state legislature that would ban vaccine mandates, but it has not gone anywhere.