Dallas Cowboys quarterback Dak Prescott refused to answer a reporter's question asking whether he had received a COVID-19 vaccine on Friday.
During a team news conference, Prescott answered, "I don't necessarily think that's important...I think that's HIPAA."
THE QUESTION
Does the Health Insurance Portability and Accountability Act (HIPAA) prohibit you from asking someone about their COVID-19 vaccination status?
THE SOURCE
Text from the Health Insurance Portability and Accountability Act
THE ANSWER
No, HIPAA does not prevent a non-health care business or professional from asking someone about their COVID-19 vaccination status. The law also does not prohibit someone from disclosing their own COVID-19 vaccination status.
WHAT WE FOUND
The Health Insurance Portability and Accountability Act (HIPAA) was signed into law by President Bill Clinton in 1996.
The law governs the privacy of your health records and how health records are stored.
According to the text of the law, HIPAA only applies to:
- A health plan
- A health care clearinghouse
- A health care provider who transmits any health information in electronic form
The text of the law also includes provisions for business associates defined in specific instances including an associate "acting on behalf of such covered entity or of an organized health care arrangement."
The law does not provide any instance in which an individual or entity, not connected to or working on behalf of a health care individual or business, is covered by privacy rules.
Ultimately, the law protects your medical records from being disclosed by health care professionals. It's legal for individuals to ask about another individual's vaccination status.
However, it is up to Dak Prescott's personal discretion whether he wants to disclose that information.
