Since the rollout of the COVID-19 vaccines, many employees have asked questions about how the protections and rights found in the Health Insurance Portability and Accountability Act (HIPAA) impact the ability of the FAA or Department of Defense to ask questions or require proof of a COVID-19 vaccination. (FAA employees should have received this message today.) Generally, HIPAA restricts the unauthorized dissemination of health related information by healthcare providers. This means that the HIPAA protections do not apply to most employers. (Read the HIPAA Journal for a more insightful discussion on this matter.)
This is particularly relevant considering, based on an agreement between PASS and the FAA, bargaining unit employees are authorized excused absence to receive the vaccine. In these circumstances, it is possible that the agency may request validation to ensure that the excused absence is appropriate. Maybe a more timely concern, recent guidance from the Centers for Disease Control and Prevention (CDC) allows vaccinated employees to no longer wear a mask or practice social distancing; however, unvaccinated employees need to continue to adhere to these rules. This may spur inquiries about COVID-19 vaccination confirmation. If you have questions, please reach out to your local PASS representative.
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