Is it legal to gather information about reasons for declination?
The Joint Commission requires in standard IC.02.04.01 that the hospital “annually evaluates vaccination rates and the reasons given for declining the influenza vaccination”. How the hospital chooses to collect that information, whether through signed declinations, staff surveys, focus groups or other means is up to the individual hospital. However the organization chooses to collect that information, the organization should evaluate their compliance with HIPAA, state law and organizational policy. That said, there is a difference between asking for personal information and compelling people to answer personal information. Making sure that individuals are given information about why you are gathering this information, what it will be used for and giving them an option not to provide personal information is undoubtedly a good practice.
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