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Are Employers Allowed to Use Health Plan Claims Records to Determine Whether Employees Have Received COVID-19 Vaccinations?
Thomson Reuters / EBIA Link to more items from this source
[Guidance Overview]
June 24, 2021

"An employer's group health plan is a HIPAA covered entity and, under HIPAA, is a separate legal entity from the employer.... Because the plan generally is required to cover COVID-19 vaccinations as preventive services, it is likely to have information about employees' receipt of COVID-19 vaccinations, and this information is considered PHI.... Employees (or other plan participants) cannot be required to sign authorizations allowing the employer to receive PHI from the group health plan as a condition of receiving group health plan benefits."

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