Watch out for COVID-19 Vaccine Mandates
Your association has tried to be a trusted source of information during the Covid-19 epidemic. We even testified to the Federal Government some months ago as it sought to create clearer and more helpful guidance for the delivery industry. Today, we want to prepare you for a recent trend toward vaccination mandates. This information is not legal advice but our best take on the subject based on our research.
First of all, it is not a HIPAA privacy violation if your contracting company asks you if you have been vaccinated. HIPAA laws only prohibit exposing Protected Health Information to an unauthorized third party. For example, your doctor cannot share Protected Health Information with an insurance company without your consent. However, a doctor can ask a patient about previous vaccinations, and so can companies you contract with. You can choose to tell or not — but the request is not a violation of HIPAA law.
When a contracting company asks a driver for proof of vaccination, it is often because of demands by the shipper, the delivery company’s customer. Here’s an example:
The Sunny Day Medical Delivery Company picks up from Best Labs, which now has a requirement that ONLY vaccinated people may enter their facility. You are an independent driver that makes deliveries for Sunny Day. You haven’t been vaccinated or have been vaccinated but don’t want to show proof. In most cases, you should be able to continue to deliver for Sunny Day, but you won’t be offered deliveries for Best Labs. If you want to make Best Labs deliveries, you will need to provide acceptable proof of vaccination to Sunny Day and authorize Sunny Day to share your proof of vaccination with Best Labs.
How do you authorize the sharing of your vaccination information? You sign a short form called an “Authorization for Use of Disclosure of Protected Health Information.” This form lets you specify exactly who your information can be shared with. If you only write down “Best Labs”, for example, on the form, then Sunny Day cannot share your vaccination status with other shippers without coming back to you and asking for additional authorizations.
Rules and regulations related to COVID-19 and vaccinations seem to be changing frequently. Check in with your contracting company to see how vaccination mandates may be affecting you.
To know more about Protected Health Information, check out the “HIPAA for Delivery Drivers” online training course on the Member Benefits section of the A4DD website.
The Association for Delivery Drivers (A4DD.org) is a not-for-profit dedicated to equipping the nation’s delivery drivers with everything they need to operate safely and successfully. A4DD makes it all easily available 24/7 online at deep discounts, and our annual membership costs barely $1 a week. Thank you for your support and please check out our growing lineup of member benefits.