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March 28, 2024
HIPAA and Duke Energy
Updated On: Sep 244, 2021

Sisters and Brothers,

Recently there have been several questions asked regarding the Lynn Good COVID vaccination survey announcement. First of all, whether or not you answer the question is your business; yes, no, or uncomfortable answering, is completely up to you. There is no mandatory vaccination and it is not a condition of employment. The question itself however, is NOT a HIPAA violation. These are strange and confusing times when we're even seeing law makers misuse HIPAA rights to avoid answering a question. 

Here's the truth: The Health Insurance Portability and Accountability Act of 1996, or HIPAA, was established to provide security and standards for safe-guarding medical information as the world moved into the computer age and information was being digitized. It also allowed for employees with pre-existing conditions to change jobs without insurance companies dropping them. HIPAA consists of (3) Rules:

  1. The HIPAA Privacy Rule - ensures that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and well-being.
  2. The HIPAA Security Rule - protects a subset of information covered by the Privacy Rule
  3. The Breach Notification Rule - ensures notification should a breach occur

The HIPAA rules apply to, what is termed, "Covered Entities." These include:

  • Healthcare Providers - Any HCP that digitally transmits health information
  • Health Plans - Entities that provide or pay the cost of medical care
  • Healthcare Clearinghouses - essentially the "middle man" between providers and insurance payers
  • Business Associates - claims processing, data analysis, utilization review and billing

Private businesses that don't fall under one of the categories above, are not considered a "covered entity." Duke Energy can ask you questions that pertain to your ability to do your job safely. This happens all the time when employees have health restrictions. This is not a violation of HIPAA. When you are sick for more than (3) days, your supervisor may ask for a note from your doctor. This is not a HIPAA violation. They are asking you to request it from the doctor and provide it to them. If they were to call the doctor and make that request without your authorization, that would constitute a HIPAA violation...but probably on the doctor's office, if in fact, they actually provided it without your consent. If an employer were to attain your health information through nefarious means, fraud or theft, or share your health information without your authorization, that could be a HIPAA violation. 

Sisters and Brothers, I'm not trying to encourage or discourage you from providing your vaccine status. That's a personal or family decision and I'm just a Union Business Manager. My personal feelings or beliefs will never affect or influence my obligation and responsibility to represent you. I can, however, tell you the law as it pertains to representing a Union body. Duke Energy asking for your vaccine status is not a HIPAA violation.  Answer the question: yes, no, or not comfortable answering. Thank you and please continue working safely.

Fraternally Yours,

Phil


IBEW System Council U8
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