Cab Businesses Require Proof of COVID Vaccination for Entry?

We’re all familiar with the “no shoes, no shirt, no service” signs. Some businesses like country clubs and high-end restaurants even require a sophisticated dress code for entry. Many businesses, especially in the service-industry, promote and exercise their right to refuse service to anyone. But is it different when the reason they’re refusing service

Over the past year, many businesses have decided on their own to require proof of vaccination from patrons. Unlike requiring customers to dress or behave a certain way, asking them for personal medical information seems like it could possibly conflict with HIPAA. So are businesses legally allowed to require proof of vaccination for entry?

1. Can businesses require proof of vaccination?
2. HIPAA compliance considerations?
3. Statewide vaccine exemption considerations?
4. Which businesses require proof of vaccination?
5. Can your employer force you to get vaccinated?

1. CAN BUSINESSES REQUIRE PROOF OF COVID VACCINATION?

Oxford Dictionary recently announced that their 2021 word of the year is “vax” and it would be difficult to argue any other word to be more fitting. If you think back to all the conversations you’ve had this past year about..

“I wonder when they’ll be releasing the vaccine?”

“Are you getting the vaccine?”

“Don’t worry, I’m vaccinated”

We’d bet the question you’ve been asked or asking the most as of late is probably, “Do I need my vaccine card to get in?”

This past year has forced us to think about businesses much more than usual. It’s encouraged us to support small, locally-owned businesses in our own communities more than we normally had in the past. It’s made us take a deeper look into the businesses we patronize and demand transparency about the people behind them, their values and where our money goes when we give it to them. Now that the vaccine is here and has been distributed to nearly 60% of the U.S. population, businesses and how they, their employees and we individually will be affected are once again on our minds. 

President Biden’s Path Out of the Pandemic, issued by the White House this past September, created a lot of buzz about vaccine mandates, employees rights regarding HIPAA and their choice to get vaccinated or not. Another heavy conversation that’s been circulating revolves around the rights of businesses and their customers. Many have argued that businesses asking for proof of vaccination to grant entry violates HIPAA, but is that true?

2. HIPAA COMPLIANCE CONSIDERATIONS

Concerns for individuals’ rights to protect their personal health information under HIPAA have been circulating, especially on social media.

For example: https://www.facebook.com/mprulli/posts/10220441430402133

The claim that businesses asking for proof of vaccination from patrons violates HIPAA have been proven false.

According to the CDC, “The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge”. “Without the patient’s consent or knowledge” being the most important component in regards to the COVID vaccine.

HIPAA applies more to healthcare plans, healthcare providers, and employers. HIPAA actually does not apply to individuals and it puts no restrictions on a business or business owner to request information regarding COVID-19 from anyone. So yes, your local grocery store, your favorite restaurant, your dry cleaner, even a concert venue is not only in their full right to ask for proof of vaccination, they can ask anything about your health regarding COVID-19. Although federal law does not restrict privately-owned businesses from asking for proof of vaccination, some states may pass their own laws around asking for this type of information.

When a business asks a patron for proof of vaccination before entering their establishment, they are in their full right to do so. Regardless, customers are allowed to say no when asked about their vaccination status. The consequence is that they won't be allowed into the business or venue they want to go to, but it won't conflict with their eligibility to work or earn money.

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3. STATEWIDE EXEMPTIONS CONSIDERATIONS

Many states have had a process for vaccine exemptions in place for decades. Although resistance to vaccination has always been common, formal requests for exemption were rare until about the 1960’s.

In 1777, George Washington issued the first U.S. vaccine mandate against smallpox for all his soldiers during the revolutionary war. American soldiers were susceptible to smallpox, but the majority of British troops were immune due to childhood exposure or vaccination. 

The Continental Army’s major military campaigns failed, as smallpox outbreaks swept through its camps. So the Continental Congress authorized Gen. Washington to require his troops to get vaccinated. Subsequent victories of American forces were attributed to the smallpox vaccine mandate.

First State-wide Mandatory Vaccination for Adults Over 21:

In 1809, Massachusetts instituted the first vaccine mandate that required smallpox vaccinations for those over the age of 21. Other states subsequently passed similar legislation. However, opposition to mandatory vaccination increased as states began to enforce these laws. Vaccine mandates were repealed in California, Illinois, Indiana, Minnesota, Utah, West Virginia, and Wisconsin. 

U.S. Vaccine Agency Established:

In 1813, The U.S. Vaccine Agency was established by congress. Then-president James Madison then signed the Act to Encourage Vaccination into law.

First Mandatory School Vaccinations:

In 1855, the first school vaccination mandates were established in Massachusetts. Today, all 50 states have mandatory vaccination requirements for children to attend school.

The first objections and exemptions were allowed in the U.K. in 1898. Exemptions weren’t allowed in the U.S. 

The Biologics Control Act:

The law was passed in response to tetanus outbreaks in Camden, New Jersey, and St. Louis caused by contaminated vaccines. It is the first modern piece of federal legislation to regulate the manufacture of pharmaceuticals. The law created the Hygienic Laboratory of the U.S. Public Health Service, which eventually became the National Institutes of Health.

4. WHICH BUSINESSES REQUIRE PROOF OF VACCINATION?

So which businesses are requiring proof of vaccination from customers? Mainly businesses that require COVID Vaccination consist of large venues and gathering spaces such as concert venues and sporting event arenas. Many of these establishments are not ruled under any mandate to require proof of vaccination for entry, they choose to make it a requirement.

Many small business owners that own businesses like shops, especially businesses involving food, like restaurants are choosing to require vaccination from their staff on their own volition. Less business owners are requiring vaccination from customers, but the ones that do are receiving their fair share of pushback.

Some cities have the option to require either masks or proof of vaccination. Some cities aren’t requiring businesses to ask patrons for either.

In a city like Los Angeles, that has been struggling to get control of their COVID numbers, are forced to be much more strict with regulations to keep cases from increasing. Last month, LA county released a public health order that requires proof of COVID-19 vaccination at indoor bars, wineries, breweries, distilleries, nightclubs and lounges. They do not require proof of vaccination for outdoor business or venues.

5. CAN YOUR EMPLOYER FORCE YOU TO GET VACCINATED?

Technically, no, your employer cannot force you to get vaccinated. With the recently issued vaccine mandate, employers have the option to either put a mandatory vaccination policy in place for or implement a mandate that requires weekly testing for employees who opt out of getting the vaccine. 

Although employers can’t directly force their employees to get the vaccine, they are in their full legal right to terminate an employee that refuses to get or provide proof of getting the vaccine, leaving many in a position where they are being forced to choose between their livelihood and compromising on their decision to get vaccinated. So to give the answer to this question a more honest and realistic approach, yes? You’re employer can indirectly force you to get vaccinated by implementing a mandatory vaccination policy that would result in termination of anyone who was non-compliant.