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It is not a HIPAA violation to ask if someone is vaccinated
Fox 11 ^ | 5/25/2021 | Fox11

Posted on 05/26/2021 6:42:00 AM PDT by TexasGurl24

As more people get their COVID-19 shots, many are finding themselves in a position of having to ask others about their vaccination status.

Some are wondering if this violates the Health Insurance Portability and Accountability Act, or HIPAA.

Ellen Cihak has not been asked if she is vaccinated against the coronavirus. She also hasn't been asked to show proof in Appleton stores.

"I would like to see that happen. I don't know if it's legal to do that," said Cihak.

Like many others, Cihak doesn't know if the question violates HIPAA.

John Fisher is a health care attorney who specializes in health care compliance and ethics. He says although the vaccine status questions might be uncomfortable, it does not violate HIPAA.

(Excerpt) Read more at google.com ...


TOPICS: News/Current Events
KEYWORDS: chinavirusvaccine; civilliberties; civilrights; clickbait; coronavirus; covid19; foxnews; healthcare; hipaa; hippa; johnfisher; lawyers; texasgurl24; vaccine
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HIPAA always was toothless. Not only does it not apply to non-covered entities, there is no private right of action under HIPAA.

Vaccine mandates and Karens who want to ask you medical questions should of course be vigorously opposed, but HIPAA isn’t the answer to these questions.

1 posted on 05/26/2021 6:42:00 AM PDT by TexasGurl24
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To: TexasGurl24

“As more people get their COVID-19 shots, many are finding themselves in a position of having to ask others about their vaccination status.”

That’s a presumption that I do not buy


2 posted on 05/26/2021 6:43:34 AM PDT by stanne
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To: TexasGurl24

It is not a HIPAA violation to ask if someone is vaccinated


Of course it isn’t. That would violate the first amendment. You can ask anything you want. HIPAA just precludes you from requiring me to answer.


3 posted on 05/26/2021 6:44:47 AM PDT by cuban leaf (We killed our economy and damaged our culture. In 2021 we will pine for the salad days of 2020.)
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To: stanne

I agree. No one has asked anything anywhere I went, yet there is a Karen in the article who wants to be asked and the media is pushing for business to ask because the media desperately wants “vaccine passports”.


4 posted on 05/26/2021 6:45:40 AM PDT by TexasGurl24
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To: TexasGurl24

Ask if some has AIDS


5 posted on 05/26/2021 6:45:46 AM PDT by a fool in paradise (Lean on Joe Biden to follow Donald Trump's example and donate his annual salary to charity. )
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To: TexasGurl24

OK. It’s not HIPAA. It’s still intrusive and I don’t have to answer.

There may be consequences, in some instances, to not answering. But as a general rule, telling people to go jump in a lake is consequence-free.


6 posted on 05/26/2021 6:46:19 AM PDT by ClearCase_guy ("I see you did something -- why you so racist?")
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To: TexasGurl24

It’s not a violation to ask but if some sort of sanction is imposed for not answering it could be a different scenario.


7 posted on 05/26/2021 6:46:28 AM PDT by circlecity
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To: stanne

I say yes. Whether it’s true or not, it isn’t anyone’s business but mine.


8 posted on 05/26/2021 6:46:39 AM PDT by EQAndyBuzz (I got the shot. Not because I wanted to. Because I had to, in violation of my civil rights.)
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To: cuban leaf

HIPAA doesn’t even do that. HIPAA is worthless.


9 posted on 05/26/2021 6:46:59 AM PDT by TexasGurl24
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To: TexasGurl24

Neither is it a violation to reply, “That’s none of your business.”, as you keep on walking.
Or, just out-right lying.

Both protected by the 1st Amendment, while the requirement to placate the fears of others is nowhere to be found in the Constitution.

Such a wonderful document.


10 posted on 05/26/2021 6:47:16 AM PDT by Cletus.D.Yokel (Patriots, stop looking at the politicians as enemies. Look at the complicit Legacy Media.)
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To: TexasGurl24

Well, if someone asks you if you have been vaccinated, you could always ask them if they still have VD.


11 posted on 05/26/2021 6:47:46 AM PDT by Jay W
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To: a fool in paradise
Ask if some has AIDS

Bingo - and then ask to see proof that they are compliant with their medications.

12 posted on 05/26/2021 6:47:51 AM PDT by corkoman
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To: TexasGurl24

HIPAA says they cannot use that information. You can ask anyone anything.


13 posted on 05/26/2021 6:47:52 AM PDT by AppyPappy (How many fingers am I holding up, Winston? )
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To: TexasGurl24

Nanny state helpers should expect to get boycotted to the extent practical.

We don’t need the travel industry, or beauty salons, or restaurants.


14 posted on 05/26/2021 6:47:55 AM PDT by Brian Griffin
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To: cuban leaf

Actually HIPAA does not preclude your right to not answer. It is your basic right to not disclose anything about you. It’s privacy. HIPAA only applies to the transmission of protected data from entities requires to maintain confidentially. An individual person has no HIPPA duties.

And a person can always waive HIPPA.


15 posted on 05/26/2021 6:48:33 AM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will. )
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To: TexasGurl24

Here’s the key: “Fisher says if someone calls your doctor directly to ask about your vaccine status, it is protected by HIPAA.”

So if someone asks if I’m vaccinated, I tell them that it is private between me and my doctor, and if they want to know, they can ask him.

Or I can just lie. I have zero problem with that. I’ve been “vaccinated” by the Lord.


16 posted on 05/26/2021 6:48:38 AM PDT by cuban leaf (We killed our economy and damaged our culture. In 2021 we will pine for the salad days of 2020.)
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To: TexasGurl24

Well, then it wouldn’t be against the law for a non-health care worker to ask the inquisitor if he has venereal disease in response.


17 posted on 05/26/2021 6:48:55 AM PDT by Dr. Sivana (Where do comic book heroes and villains get their doctorates?)
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To: a fool in paradise

Don’t ask, don’t tell.


18 posted on 05/26/2021 6:49:09 AM PDT by RckyRaCoCo (Please Pray For My Brother Ken.)
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To: cuban leaf

bingo


19 posted on 05/26/2021 6:50:18 AM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: a fool in paradise

I like that response of yours.
We should ask those that ask about vaccination status if they have have aids or an std since that would help me determone if they are hygienic enough to shop in their store


20 posted on 05/26/2021 6:51:11 AM PDT by polishprince
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