There’s been a lot of discussion about whether it’s OK to ask people if they’re vaccinated. Of course it is. You know, freedom of speech and all. But it’s kind of beside the point, and at the end of the day it’s too much work for those of us who might be asked to shoulder the burden of asking them.
There’s a better way. It’s perfectly OK for your employer, your landlord, your insurance company, your bank, your gym, or your school — I’m sure I’m leaving some people out — to obtain that information directly from your city or state immunization registry, and they can all make a fairly credible case that they’re entitled to that information. I’m referring to 45 CFR § 164.512 — Uses and disclosures for which an authorization or opportunity to agree or object is not required.
Pertinent language:
(j) Standard: Uses and disclosures to avert a serious threat to health or safety -
(1) Permitted disclosures. A covered entity may, consistent with applicable law and standards of ethical conduct, use or disclose protected health information, if the covered entity, in good faith, believes the use or disclosure:
(i)
(A) Is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and
(B) Is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat;
Hmm, do unvaccinated people pose a serious threat to health and safety? Yup.
Are the kinds of entities I listed above “reasonably able to prevent or lessen the threat”? Damn straight they are!
It’s time to take off the kid gloves.