b'LEGISLATIVE REPORT:HIPAAA Misunderstood LEGISLATIVEMedical Privacy LawED WELCH // PVA LEGISLATIVE DIRECTORH ow much should a passenger vesselDoesHIPAApreventapassengervesselfrom requiring a passenger to wear a mask or operatorbeconcernedaboutoperator from asking about an applicantsshow proof of vaccination?In both instances, HIPAA,theso-calledfederalmedicalstatus,includingwhetherthereno!medicalprivacylaw?Theanswer:nothas been a COVID-19 vaccination?Does much!HIPAA forbid a passenger vessel operatorTheresalotofconfusionoutthereabout HIPAA(thisisthecorrectacronym,not HIPPA). AprominentmemberoftheU.S.House ofRepresentativesrecentlyissuedatweet erroneouslysaying,Vaxrecords,alongwith ALL medical records are private due to HIPPA [sic] rights. This example goes to show that not all of our lawmakers know what they are talking about (no surprise there!).HIPAAstandsfortheHealthInsurance PortabilityandAccountabilityActof1996 (PublicLaw104-191).Notethatitdoesnt even have the word privacy in its title.When wereceivemedicaltreatment,wevebecome soaccustomedtosigningforms(frequently withoutreadingthem)dealingwithHIPAA rights and waivers that we really dont have a good idea of what the law does and doesnt do.TheOfficeofCivilRightsofthefederal governmentsDepartmentofHealthand HumanServicessummarizesthepurposeof HIPAA this way:Most of us feel that our healthinformationisprivateandshouldbe protected.That is why there is a federal law that sets rules for health care providers and health insurancecompaniesaboutwhocanlookat and receive our health information.[HIPAA] gives you rights over your health information, includingtherighttogetacopyofyour information, make sure it is correct, and know who has seen it.HIPAA addresses when a health care provider can share a patients medical information.But itdoesntaddresswhetheranemployercan seekhealthinformationfromanemployee orapplicant,nordoesitimposerestrictions onwhattheemployercandowithhealth LEGISLATIVE REPORT 26 FOGHORN'