This email is to provide clarification regarding the Health Information Portability and Accountability Act (“HIPAA”), as it relates to COVID-19 vaccination policies implemented by certain carriers who employ SMART-TD members. As you already know, HIPAA protects certain health information from disclosure and subjects those who unlawfully disclose said information to penalties.
More specifically, HIPAA applies to health plans, health care clearinghouses, and health care providers, prohibiting those specific entities from disclosing protected health information without the patient’s consent. Because employers are not subject to HIPAA, they may require employees to disclose their vaccination status.
Be advised that SMART-TD is working on compiling a list of questions and answers relating to COVID vaccine mandates, and this issue will be addressed in that list. This email is being sent ahead of the release of that Q&A document, to help dispel some of the misinformation that has begun circulating among our membership.
Another email notification will be sent out from this address when the Q&As are published on the SMART-TD website. In the meantime, please direct any questions to the SMART-TD President’s Department at President_TD@smart-union.org
This SMART Union mailbox is unmonitored and emails to it will not be replied to.
Thank you,
SMART-Transportation Division
