I would love to see this challenged in a court.
HIPAA has been litigated in court. Over and over again. HIPAA has never had a private cause of action. You can’t sue ANYONE over a HIPAA violation. You can file a complaint with HHS and the government can investigate it, but there isn’t any such thing as a HIPAA private right of action.
“Every district court that has considered this issue is in agreement that the statute does not support a private right of action.” Acara v. Banks, 470 F.3d 569, 571–72 (5th Cir. 2006).
There is no private right of action under HIPAA, express or implied. Meadows v. United Servs., 963 F.3d 240, 242 (2d Cir. 2020).
No private right of action exists under HIPAA in any event, Lucero v. United States, No. 20-1163, 2021 U.S. App. LEXIS 6308, at *6 (10th Cir. Mar. 4, 2021)
HIPAA does not provide an express or implied private right of action... Kittel v. Advantage Physical Therapy, No. 19-55690, 2021 U.S. App. LEXIS 1185, at *3 (9th Cir. Jan. 15, 2021).
HIPAA “provides no private right of action.” Webb v. Smart Document Sols., LLC, 499 F.3d 1078, 1081 (9th Cir. 2007).
There may be State law claims regarding the privacy of medical information, but those are distinct and separate from HIPAA and wouldn’t necessarily apply to a situation like this.
I am as against the idea of an Orwellian “vaccine passport” as anyone. I won’t participate in such a system. There are other ways to combat the system. However, the people who think HIPAA is a magic talisman here are sorely mistaken.
So do I. Florida Governor DeSantis is standing against this, so I hope that starts the ball rolling.
"It's completely unacceptable for either the government or the private sector to impose upon you the requirement that you show proof of vaccine to just simply be able to participate in normal society," he said at a press conference Monday.
He said he will issue emergency rules this week that will prevent businesses from requiring proof of vaccination, and will work with the Legislature on a permanent ban. The ban would be specific to COVID-19 vaccines used under the Food and Drug Administration's emergency use authorization, he said, as all the vaccines currently administered in the United States are.
“I would love to see this challenged in a court”
Unfortunately we no longer live under the rule of law in this country.
The law today is whatever an appointed federal judge decides it is at a particular moment in time. Subject to change tomorrow.
As for the concept of equal protection under the law it also no longer exists.