Coronavirus Update 5-17-2021: It’s spelled HIPAA, not HIPPA … fixing some common misconceptions about the Health Insurance Portability and Accountability Act

Ever since the CDC amended its COVID-19 guidance to say that the fully vaccinated no longer need to wear masks indoors, I've read myriad variations of this tweet:

Friendly reminder that under HIPPA, your vaccination status is private.

Or this tweet:

The rule is simple, HIPAA protects EVERY American from disclosing ANY of their health records to ANYONE.

Their point? That medical privacy laws protect their vaccination status, and it's illegal for any business to ask as a condition of anything.

They are very, very wrong. So, I thought today I'd clear up some common misconceptions about HIPAA specifically and medical privacy more generally.

Coronavirus Update 5-14-2021: CDC ends masking and social distancing for the fully vaccinated, but what does it mean?

Yesterday, the CDC updated its Covid guidance to remove all masking and social distancing guidance for those of us who are fully vaccinated. According to the CDC—

• If you are fully vaccinated, you can resume activities that you did prior to the pandemic, without wearing a mask or physically distancing. 
• If you are not fully vaccinated, you must keep wearing masks when around others indoors.

But what does this really mean? And, more to the point, how you know who's vaccinated and who's not so that you can permit them to remove their masks inside your business?

But what does it really mean? And, more to the point, how do you know who's vaccinated and who's not so as to allow anyone to be unmasked?

Coronavirus Update 5-13-2021: Governor DeWine ends all Covid public health orders, and goes game show host to get more people vaccinated

Last evening, Governor DeWine held a statewide address to announce the availability of the Pfizer vaccine for Ohioans ages 12 - 15. That news was not shocking. The rest of what he had to say, however, was.

Coronavirus Update 5-12-2021: We are in the midst of a public mental-health crisis; how employers can help

Consider these statistics, courtesy of the National Institute of Mental Health, which recently examined mental health issues one year into the COVID-19 pandemic:

• 31% of people report symptoms of anxiety or depression​
• 13% report having started or increased substance use​
• 26% report stress-related symptoms​
• 11% report having serious thoughts of suicide in the past 30 days​

These grim numbers tell me that COVID-19 has created a national mental health crisis. At least some of your employees are struggling. Your challenge is what to do about it.

Coronavirus Update 5-11-2021: I ❤ science

Late yesterday, the FDA announced that it has authorized Pfizer's COVID-19 vaccine for 12-15-year-olds. It's the best news I've heard in 14 months. We've literally been living on pins and needles, feeling like we are daily dodging viral bullets as we wait for our high-risk 12-year-old and his 14-year-old sister to be able to get vaccinated.

Coronavirus Update 5-10-2021: EEOC Commissioner wants industry-specific Covid guidelines

Last week, the EEOC held a public meeting on the impact of the COVID-19 pandemic on civil rights in the workplace. Following up on the remarks at that meeting, EEOC Commissioner Keith Sonderling, speaking at a virtual summit held by the Institute for Workplace Equality, said that employers need guidance on whether their Covid-related decisions are legal, and that the EEOC should issue industry-specific guidance to clear up these ambiguities.

Happy birthday to me!

This weekend, the Ohio Employer Law Blog turns 14! 

May 9, 2007 — my first post ever here at the blog. 3,628 posts and three law firms later, happy birthday to me!

May 9 offers another reason to celebrate, Mothers' Day. I haven't seen my mom in 19 months, but with vaccines hopefully on the immediate horizon for my kids, I should be able to give my mom a sorely missed and needed hug really soon. This long-distance message will have to do until then.

Today also happens to be my mom's birthday, so everyone please wish her a happy one!

Next week, more legal stuff, starting with some good, and not-so-good, news from the EEOC.

* Photo by Marty Southwell on Unsplash