UConn will require COVID-19 vaccines for students when they return

UConn will require students to be fully vaccinated against COVID-19 for the fall 2021 semester, the university’s Board of Trustees decided in a vote Friday afternoon...Interim UConn President Andrew Agwunobi, who also serves the CEO of UConn Health, called vaccinations the “single most important step” in ensuring a safe return to campus. The university will provide vaccines to students who are unable to get them during the summer, and medical and other exemptions will be made on a case-by-case basis, he added.

Received this GREAT form from my sister-in-law whose son was told he is required to get the COVID-19 vaccine before attending a university in Pennsylvania in the Fall!

Form for Students Atending Colleges or Universites Requiring Covid-19 Injectons
NOTE TO COLLEGE OR UNIVERSITY: As a student at your insttuton, I am requestng that you review this document, provide the requisite informaton, and sign the form, in regards to your requirement that students get a Covid-19 emergency use authorizaton (EUA) experimental vaccine.
1) If I agree to receive an EUA Covid-19 injecton, does my student health insurance plan [if applicable] provide complete coverage should I experience an adverse event, or even death?
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2) As a student at your insttuton, will you provide any other medical or fnancial support to me or my family if I have an adverse event to an EUA Covid-19 injecton and am unable to atend school for days, weeks, or months, or if I am disabled for life?
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3) The Food and Drug Administraton (FDA) requires that EUA vaccine recipients be provided with certain vaccine-specifc informaton to help them make an informed decision about vaccinaton.9 The EUA fact sheets that must be provided are specifc to each authorized Covid-19 injecton and are developed by the manufacturers of the injectons (Pfzer/BioNTech, Moderna, Oxford/AstraZeneca, and the Johnson & Johnson subsidiary Janssen). The fact sheets must provide the most current and up-to-date informaton on the injectons, and vaccine recipients must also receive informaton about adverse events. Have you read, understood, and provided me (and all other students) with these fact sheets and with current informaton on adverse events so that I/we can make an educated decision?
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4) Have you reviewed the available databases of material adverse events reported to date for people who have received experimental Covid-19 injectons?10,11,12,13 Potental and reported adverse

events include death, anaphylaxis, neurological disorders, autoimmune disorders, other long-term chronic diseases, blindness and deafness, infertlity, fetal damage, miscarriage, and stllbirth.
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5) The FDA’s guidance14 on emergency use authorizaton of medical products requires the FDA to “ensure that recipients are informed to the extent practcable given the applicable circumstances... [t]hat they have the opton to accept or refuse the EUA product....” Are you aware of this statement? Have you informed all students that they have the opton to refuse?
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6) With respect to the emergency use of an unapproved product, the Federal Food, Drug and Cosmetc Act, Title 21 U.S.C. 360bbb-3(e)(1)(A)(ii)(I-III)15 reiterates that individuals be informed of “the opton to accept or refuse administraton of the product, [and] of the consequences, if any, of refusing administraton of the product, and of the alternatves to the product that are available and of their benefts and risks.” If experimental EUA Covid-19 vaccines are ever approved by the FDA, state legislaton would be required to allow companies to mandate the Covid-19 injectons. Are you aware of these facts?
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7) EUA products are unapproved, unlicensed, and experimental. Under the Nuremberg Code—the foundaton of ethical medicine—no one may be coerced to partcipate in a medical experiment. The individual’s consent is absolutely essental. No court has ever upheld a mandate for an EUA vaccine. In Doe #1 v. Rumsfeld, 297 F. Supp. 2d 119 (2003),16 a federal court held that the U.S. military could not mandate EUA vaccines for soldiers: “...[T]he United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs” (Id. at 135). Are you aware of this?
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8) The United States Code of Federal Regulatons17 and the FDA require the informed consent of human subjects for medical research. The EUA Covid-19 injectons are unapproved, unlicensed, investgatonal vaccines that are stll in their experimental stage. It is unlawful to conduct medical research on a human being, even in the event of an emergency, unless steps are taken to secure the informed consent of all partcipants. Are you aware of this?

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9) According to Federal Trade Commission (FTC) Guidelines18 and the FTC’s “Truth In Advertsing,”19 promotonal material—and especially material involving health-related products—cannot mislead consumers, omit important informaton, or express claims. All of this falls under the rubric of “deceptve advertsing” (whereby a company is providing or endorsing a product), whether presented in the form of an ad, on a website, through email, on a poster, or in the mail. For example, statements such as “all students are required to get the Covid-19 vaccine to make the campus safe” or “it’s safe and efectve” leave out critcal informaton. Critcal informaton includes the facts that Covid-19 injectons are unapproved EUA vaccines that “may” or “may not” prevent Covid, won’t necessarily make campuses safer, and could in fact cause harm. Not providing links or atachments of the manufacturers’ fact sheets and current informaton on adverse events is omitng safety informaton. Are you aware of this?
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10) Since the Covid lockdowns began over one year ago, there have been over 178 reported breaches of unsecured protected health informaton (PHI), incidents investgated by the Ofce for Civil Rights (OCR). These breaches exposed millions of people’s personal health informaton. Although many of these incidents were atributed to hacking, some of the breaches to PHI fell directly under the 1996 Health Insurance Portability and Accountability Act (HIPAA), such as sharing a patent’s or person’s informaton with an unauthorized individual or incorrectly handling PHI.20 Can you please explain your obligatons to me, under HIPAA law, and how you are going to protect my personal informaton - both with respect to your requirement that I receive this injecton?
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11) Whereas pharmaceutcal companies that manufacture EUA vaccines have been protected from liability related to injuries or deaths caused by experimental agents since the PREP Act2 was enacted in 2005, companies, schools, and all other insttutons or individuals who mandate experimental vaccines on any human being are not protected from liability. Are you aware that you do not enjoy such liability protecton?
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12) Are you aware that students or families could fle a civil suit against you should the student sufer an adverse event, death, or expulsion from school for refusing an EUA Covid-19 injecton?
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As the legally authorized ofcer of the college or university, I have read all of the above informaton, have provided my students with all of the informaton that the FDA requires be provided to recipients of the Covid-19 injectons, and do hereby agree to assume 100% fnancial responsibility for covering any and all expenses from adverse events, including death, through insurance coverage or directly. In additon, I afrm that the student shall not be denied access to school should they decline to receive a Covid-19 injecton.
_______________________________________________ Authorized ofcer of college/university requiring injecton
_______________________________________________ Student
_______________________________________________ Witness
Endnotes:
________________________________ College/University Date
________________________________ College/University Date
________________________________ College/University Date
1. Associaton of American Physicians and Surgeons. Open leter from physicians to universites: allow students back without COVID vaccine mandate. AAPS, Apr. 24, 2021. htps://aapsonline.org/open-leter-from-physicians-to-universites-reverse- covid-vaccine-mandates/.
2. Congressional Research Service. The PREP Act and COVID-19: Limitng Liability for Medical Countermeasures. Updated Mar. 19, 2021. htps://crsreports.congress.gov/product/pdf/LSB/LSB10443.
3. Del Bigtree interviews 3 medical professionals incapacitated by Covid injectons. The Highwire, Apr. 29, 2021. htps://www.bitchute.com/video/A4d8FB2cIBTc/.
4. America’s Frontline Doctors. Vaccines & the law. htps://www.americasfrontlinedoctors.org/legal/vaccines-the-law.
5. Catharine Layton. Forced to get the COVID vaccine? ICAN may be able to help. The Defender, Jan. 29, 2021.
htps://childrenshealthdefense.org/defender/forced-to-get-covid-vaccine-ican-may-be-able-to-help/ .
6. htps://uscfc.uscourts.gov/sites/default/fles/Vaccine%20Atorneys.pdf.
7. The Solari Report. Family Financial Disclosure Form for Covid-19 injectons. Mar. 1, 2021. htps://pandemic.solari.com/family-
fnancial-disclosure-form-for-covid-19-injectons/.
8. Corey Lynn, The Solari Report. Form for Employees Whose Employers Are Requiring Covid-19 Injectons. May 3, 2021.
9. Centers for Disease Control and Preventon. COVID-19 Vaccine Emergency Use Authorizaton (EUA) Fact Sheets for Recipients
and Caregivers. htps://www.cdc.gov/vaccines/covid-19/eua/index.html.
10. UK Medical Freedom Alliance. COVID-19 Vaccine Info. htps://www.ukmedfreedom.org/resources/covid-19-vaccine-info.
11. Vaccine Adverse Event Reportng System. htps://vaers.hhs.gov.
12. CDC WONDER. About the Vaccine Adverse Event Reportng System (VAERS). htps://wonder.cdc.gov/vaers.html.
13. Natonal Vaccine Informaton Center. Search the U.S. Government’s VAERS Data. htps://www.medalerts.org/.
14. U.S. Department of Health and Human Services. Emergency Use Authorizaton of Medical Products and Related Authorites:
Guidance for Industry and Other Stakeholders. January 2017. htps://www.fda.gov/media/97321/download.
15. 21 U.S. Code § 360bbb–3 - Authorizaton for medical products for use in emergencies.
htps://www.law.cornell.edu/uscode/text/21/360bbb-3.
16. Doe #1 v. Rumsfeld, 297 F. Supp. 2d 119 (2003). htps://www.courtlistener.com/opinion/2326816/doe-v-rumsfeld/.
17. htps://www.govregs.com/regulatons/expand/ttle21_chapterI_part50_subpartB_secton50.24#regulaton_2.
____________
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____________

18. Federal Trade Commission. Advertsing FAQ’s: A Guide for Small Business. htps://www.fc.gov/tps-advice/business- center/guidance/advertsing-faqs-guide-small-business.
19. Federal Trade Commission. Truth in Advertsing. htps://www.fc.gov/news-events/media-resources/truth-advertsing.
20. U.S.DepartmentofHealthandHumanServices.OfceforCivilRights.BreachPortal:NotcetotheSecretaryofHHSBreachof
Unsecured Protected Health Informaton.
htps://ocrportal.hhs.gov/ocr/breach/breach_report.jsf;jsessionid=618E88DD94EE65D46D5785CB2A643553 .
21. htp://market-tcker.org/akcs-www?post=242282
22. htps://www.natlawreview.com/artcle/osha-s-new-guidance-recordability-covid-19-vaccine-reactons

HIPAA is irrelevant here.

HIPAA doesn’t really do much at all.

Problem 1. “Covered Entity.”

A Covered Entity is one of the following: A Health Care Provider, OR, A Health Plan, OR A Health Care Clearinghouse.

If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules. See definitions of “business associate” and “covered entity” at 45 CFR 160.103.

Problem 2. “No-private right of action.”

HIPAA doesn’t afford ANYONE a private right of action. You, as an individual, cannot bring a “HIPAA Claim” against ANYONE, INCLUDING a “covered-entity.” This has been litigated over and over and over again, with the same result.

Example:

“Significantly, however, there is no “private right of action to enforce HIPAA” when an individual believes that a disclosure was wrongfully made. Because the statute does not provide a private right of action, and “does not provide a remedy in court for those persons who believe their [HIPAA] rights have been violated,” Plaintiff is unable to state a cognizable claim for a HIPAA violation. Consequently, his claims for HIPAA violations are DISMISSED.” Emmerick v. Ridgecrest Reg’l Hosp., No. 1:17-cv-01160- DAD - JLT, 2018 U.S. Dist. LEXIS 21115, at *9 (E.D. Cal. Feb. 8, 2018).

“HIPAA prohibits the disclosure of medical records without a patient’s consent. But the statute does not expressly create a private cause of action for individuals to enforce this prohibition. Instead, HIPAA provides for penalties to be imposed by the Secretary of the Department of Health and Human Services. Nor does the statute imply a private cause of action. By delegating enforcement authority to the Secretary of the Department of Health and Human Services, the statute clearly reflects that Congress did not intend for HIPAA to create a private Accordingly, because HIPAA confers no private cause of action, express or implied, we must dismiss Meadows’ claims.” Meadows v. United Servs., 963 F.3d 240, 244 (2d Cir. 2020).

“Likewise, every circuit to have considered the issue has also held that no private right of action exists under HIPAA. See Meadows v. United Servs., Inc., 963 F.3d 240, 244 (2d Cir. 2020); Faber v. Ciox Health, LLC, 944 F.3d 593, 596-97 (6th Cir. 2019); Stewart v. Parkview Hosp., 940 F.3d 1013, 1015 (7th Cir. 2019); Dodd v. Jones, 623 F.3d 563, 569 (8th Cir. 2010); Wilkerson v. Shinseki, 606 F.3d 1256, 1267 n.4 (10th Cir. 2010); United States v. Streich, 560 F.3d 926, 935 (9th Cir. 2009); Acara v. Banks, 470 F.3d 569, 570-71 (5th Cir. 2006). HIPAA generally prohibits the disclosure of medical records without a patient’s consent. See 42 U.S.C. §§ 1320d-1 to 1320d-7. While it provides civil penalties for improper disclosures of medical information, it does not expressly create a private cause of action to enforce the prohibition on disclosure. Instead, it limits enforcement of the statute to the Secretary of the Department of Health and Human Services. See 42 U.S.C. § 1320d-5. For that reason, no private right of action can be implied. “By delegating enforcement authority to the Secretary of the Department of Health and Human Services, the statute clearly reflects that Congress did not intend for HIPAA to create a private remedy.” Meadows, 963 F.3d at 244; see Alexander, 532 U.S. at 290 (”The express provision of one method of enforcing a substantive rule suggests that Congress intended to preclude others.”). Accordingly, Laster cannot state a claim to relief under HIPAA.” Laster v. Careconnect Health Inc., No. 20-14726, 2021 U.S. App. LEXIS 11481, at *5 (11th Cir. Apr. 20, 2021)

Problem 3. “Public Health Exceptions to HIPAA.”

Generally, disclosure of protected health information without the authorization of the individual is permitted for purposes including but not limited to: disclosures required by law (45 CFR § 164.512(a)) or
for “public health activities and purposes.” This includes disclosure to “a public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including but not limited to, the reporting of disease, injury, vital events…, and the conduct of public health surveillance,… investigations, and… interventions.” (45 CFR § 164.512(b)(i)).

Vaccine mandates, Vaccine passports and the rest of the tyrannical regulations that are being pushed are un-American and should be opposed by any and all means possible. They should be resisted, even to the point of civil disobedience. However, HIPAA isn’t the savior that people think that it is here. We need to push for State restrictions on “vaccine passports” and ignore other mandates.

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