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HIPAA also only applies to covered entities and their business associates, of which the university most likely is not, or at least not in their capacity as OPs
by jrowley 6y ago
HIPAA also only applies to covered entities and their business associates, of which the university most likely is not, or at least not in their capacity as OPs employer.
- davismwfl 6y agoMainly correct, HIPAA applies to carriers, health providers and healthcare vendors (even an ISP that stores data for a healthcare company) in general. However, there are exceptions where it applies to other organizations not directly in the care line. In the OP's case it isn't so clear HIPAA doesn't apply, and IMO likely it may, because he works at a university and not a traditional private employer. If that university has a medical school or provides clinics to students/employees under the universities name (even contracted through a third party), then most legal advisors would say HIPAA rules must be followed. Also many states regulate the collection of health data by private employers, and with this being NYC who knows what is on the books. I totally support a company wanting to do fever checks daily to prevent someone sick from entering the building while all this craziness is going on. But it gets creepy & frankly useless if they are relying on self-reporting and logging that to a database somewhere.