Posted on 03/31/2021 7:09:09 PM PDT by buckalfa
HIPAA protects a patient's personal health information, leaving many concerned that a vaccine passport would violate those protections.
HIPAA is used to protect sensitive medical information but only applies to how physicians, hospitals and health insurers share a patient's information with third-party entities, according to a report by The Washington Post.
A vaccine card would qualify as protected health information, but an airline is not a healthcare provider. HIPAA also doesn't protect medical information that a patient shares about themselves.
An airline still has to follow state privacy and identity theft policies.
"Once they get the data, they have to protect it," Jeff Drummond, a healthcare regulatory lawyer who has been working with HIPAA for nearly 20 years, told Dallas-based WFAA. "They have to notify you if there's a breach, but other than that, that's the end of their obligation under either HIPAA or Texas state law."
"Just because you carry around some health information with you in the form of your vaccine card, that information doesn't bring all the HIPAA protections with it," Erin Fuse Brown, a law professor at Georgia State University in Atlanta, told WFAA.
Wonder what the hue and cry would be if a passport like this would be needed to access known gay entertainment, spas etc. to indicate that the entrant has completed HIV Prep treatments.
Democrats can do whatever they want so no it does not violate HIPAA
"Hey, listen, if you want to live anything like a normal life, we are going to FORCE you to show us your medical information. Otherwise, no airlines, no restaurants, no job, no nothing."
"Well, that sucks. Looks like I don't have much choice. Here is my medical information."
"Oh, Ho! You're sharing this? You're handing me this medical information? Well! Now that you have voluntarily provided this information to me -- I'M GONNA TELL THE WORLD!!!"
I would love to see this challenged in a court.
Yes
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.
It violates HIPPA yes
Every time some random person asks me if I’ve had a shot.
But more that that it violates medical procedure. It is experimental
The FDA has not approved it. They likely cannot and will not as numbers grow of adverse effects
Nope
Scary shit as every public assessable building will soon require it
No sports, travel, restaurants, grocery stores, government services for you.
Every job will require it to remain compliant with new government regulations (you know it’s coming)
Thank you for setting me straight. I am traveling late in the year and, I am trying to avoid the vaccine but, not sure I will be able to avoid it. Any ideas?
Bkmk
Absolutely. The whole point of HIPAA is to prevent exactly what vaccination passports are intended to do: reveal private health data where it will be abused.
If you have a Progressive-hip fatal disease, not telling people in encounters likely to transmit it is not just legal, but protected.
If you know you had COVID (a rarely fatal disease) recently, and hence have antibodies as strong as any vaccine, but aren’t documented as vaccinated, Progressives will cut you out of society. That’s the kind of BS HIPAA is supposed to prevent.
HIPPA doesn’t protect you
It protects them.
Anyone can see what they want when they want. They just cobble together a rationale and your info is shared.
They will refuse to share it with your family without you signing dozens of forms.
But, hey, if the Costco greeter wants to see it, it’s a-ok.
Nope. FDA has not approved it. We will not be held resulting take anon approved drug
Period
Take your fascism elsewhere
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.
So we are going to force you to tell private health information and because you are sharing it (even if under duress) then it is perfectly legal.
Sort of like renting a union plaque was perfectly voluntary. You just ended up with some perfectly ordinary private citizens casually and innocently spilling gas then throwing their lit matches into your business if you didn't.
All totally innocent and legal I am sure.
I will trade you a view of my vaccine card in exchange for a copy of your company’s latest HIPPA audit.
You first.
Red Herring to some extent. According to David Horowitz article published in the Blaze, it is a violation of the Nuremberg Protocol. And a violation of 21 USC CHAPTER 9, SUBCHAPTER V, Part E: Which pertains to “unapproved” therapies and diagnostics.
The FDA has not “approved” the vaccines. They have merely authorized them under the emergency use protocol. And according to this law, any use must be optional. Those businesses/states/people who require such passports are guilty of breaking this law, and crimes against humanity.
In order to make this authorization, there must be no other therapy available. Hence the reason that HQC and Ivermectin had to be refuted as being beneficial.
Surely someone will challenge this - not that I have much confidence in the Courts.
“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.
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