Temp taking and HIPAA

Scuttlebutt
1

With all these companies trying to CYA over coronavirus, is it against HIPAA regulations to record people’s temperatures?

2

My neighbor has a hair business. For her to continue operating, she has to take ones temperature and a form is filled out with the temperature recorded. For a while the business was shut down due to pandemic rules in the state until they eased up a bit. She and the customer must wear masks.

3

https://tax.thomsonreuters.com/blog/does-hipaa-apply-to-employers-requests-for-temperature-checks-and-other-covid-19-related-health-information/#:~:text=So%2C%20while%20the%20results%20of,your%20company%20collects%20from%20employees.&text=The%20effect%20of%20other%20laws%20should%20also%20be%20considered.

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4

Although most organizations and companies appreciate the intent of the law, my understanding is HIPPA only applies to healthcare providers.

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5

Was in the shipyard recently, and we took temperatures and asked screening questions. Some yard workers said this violated the HIPPA laws. I told them they are free to file a law suit, but if they refuse, they would not be allowed onboard. They all complied, and I know of no law suits actually being filed.

6

Whether the information from temperature screenings is collected by employees at home or collected on-site, it must be adequately protected and kept confidential. Collected information should be shared only with those who have a need to know and should be protected under HIPAA standards. Employers must also maintain all information about an employee’s illness as a confidential medical record in compliance with the ADA, separate from the employee’s personnel file.

7

Yup… Found this article regarding HIPAA just now and who it applies to (spoiler alert: not shipping companies):

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