News & Analysis as of January 6, 2025

Health Insurance Portability and Accountability Act (HIPAA)

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

Snell & Wilmer on 11/15/2024

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

2023 End-of-Year Plan Sponsor “To Do” Lists (Part 1) Health and Welfare

Snell & Wilmer on 10/12/2023

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

Making Room for Vaccinated, Unvaccinated Employees Under Same Roof

Holland & Hart - Employers' Lawyers on 11/3/2021

Question: We aren’t sure we want to permit someone who isn’t vaccinated to work closely with us and are particularly concerned because the unvaccinated employee is sitting next to an enclosed area with a fully vaccinated...more

Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance

Harris Beach Murtha PLLC on 10/28/2021

In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human...more

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

Mintz - Employment Viewpoints on 10/13/2021

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Mintz - Employment Viewpoints on 9/16/2021

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

UPDATE: The COVID-19 Vaccine Rollout: What Employers Need to Know

Akin Gump Strauss Hauer & Feld LLP on 8/9/2021

To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more

Can I use federal law to avoid answering questions about my vaccination status?

Benesch on 8/9/2021

Can I use federal law to avoid answering questions about my vaccination status? Q: HIPAA (Health Insurance Portability and Accountability Act)? A: No. HIPAA does not prohibit anyone from asking for your health...more

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on 6/14/2021

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

Sheppard Mullin Richter & Hampton LLP on 6/7/2021

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Summer vaccinations: EEOC releases updated guidance on vaccination incentives

Eversheds Sutherland (US) LLP on 6/3/2021

Just in time for the start of the summer, the Equal Employment Opportunity Commission (EEOC) has provided updated guidance on employer practices relating to COVID-19 vaccinations, including much-needed guidance on vaccine...more

Vaccine Incentive Help is on the Way: EEOC Announces Upcoming Employer Guidance

Fisher Phillips on 4/16/2021

Heeding calls from a consortium of over 40 business groups, the EEOC announced yesterday that it would soon provide guidance to employers across the country on workplace incentives and the COVID-19 vaccine. Noting that...more

Can I Ask My Employees If They Have Been Vaccinated?

Amundsen Davis LLC on 4/7/2021

The short answer is: Be careful what you wish for! During this COVID-19 pandemic, vaccinations have been at the front of everyone’s mind. Now, with the mass rollout of vaccinations across the country, employers’ main...more

Return to Work Virtual Toolkit for Employers - The COVID-19 Vaccine: What Can Employers Require?

McDermott Will & Emery on 2/25/2021

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Fisher Phillips on 1/27/2021

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more

COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy

King & Spalding on 12/28/2020

As COVID-19 vaccines become more widely available and employers contemplate policies that will facilitate returning to the workplace, one important issue is whether employers can require employees to receive COVID-19...more

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

Williams Mullen on 12/22/2020

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many...more

Employment Discrimination Claims Related to Vaccination Refusal – Disability

White and Williams LLP on 12/22/2020

The FDA’s emergency use authorization of the Pfizer-BioNTech COVID-19 vaccine and the Moderna COVID-19 vaccine is raising hope across the nation of a return to some semblance of normalcy in the months to come. In light of...more

EEOC Issues Revised Guidance Addressing COVID-19 Vaccines

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/17/2020

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised COVID-19 guidance addressing questions related to the administration of COVID-19 vaccinations to employees. Section K of the...more

May Employers Mandate COVID-19 Vaccines?

Holland & Hart - Employers' Lawyers on 12/14/2020

Given pending anticipated FDA approval of Pfizer’s COVID-19 vaccine, and encouraging vaccine results from Moderna and AstraZeneca, many employers are wondering whether they may legally mandate vaccinations for their...more

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Coronavirus/COVID-19 › Title VII › Health Insurance Portability and Accountability Act (HIPAA)

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