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 ...
I answer Yes,,,
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Why Would You Ask???
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HIPAA has teeth, you just need to understand where they are. Entities with your medical info cannot share it without your permission. That matters. And the fines for violating it are pretty intense. That doesn’t stop anybody from asking, it just means they only get the answer with your permission.
With the quality and policalization of attorneys these days, his opinion is not worth a darn thing.
>>Ask them about their MENTAL HEALTH status and prove they are taking their medications for it.
So many of the “random rampagers” who go on killing sprees are off their meds.
My primary care physician is pressuring me to get the shot “to protect my mom” who has already had both of her vax shots.
This isn’t about the science.
no it doesn’t. HIPAA applies to health care entities and a few of their contractors sharing your health information without your consent. it has nothing to do with any question asks of you or your answer to such a question
I understand that. I’m saying that it is already a given that I don’t have to answer such questions and this just ensures that others that, in their professional capacity, know my medical information, can not share it with others.
If someone wants to know if I’m sick, they can take my temperature. I ain’t sayin’ nothin’. And I have every right to say nothin’. And they can refuse to serve me.
I’m good with that. It’s a free country. :)
I identify as vaccinated.
A simple "yes" will do in Florida after July 1 and if you ask for proof you will be breaking the law.
This is clearly racist because black people can't figure out how to get vaccine passports. The internet is too complicated for them. (Or is that voter IDs?) Yes, Dems, I'm talking to you.
Very much like the infamous "National Do Not Call List"
Nothing more -- nothing more! -- than "feel good", "look like we're actually doing something but we're really not" legislation.
Don’t ask, don’t tell.
______________________
Yep. Right up there with...
My body, my choice.
Or...
“I’ve had all my FDA approved vaccinations.”
Locally there was a bar and grill owner who said he would NOT provide for health insurance for unvaxxed employees.
Man the SHTF when that got leaked to the social and main stream media.
He did a complete 180 and backed off that idiocy. Too late. His business took a huge hit.
Remember the old days when a Doctor was required by Law to report a Patient with a Venereal Disease to the Health Department? The information was used for Contact Tracing to avoid the spread of the Disease.
That ended when AIDS showed up in the Gay Community.
All of a sudden reporting a 100% Fatal Disease to the Health Department was less important than Privacy Rights.
Come to think of it, the same applies to Roe v Wade. Abortion is 100% Fatal to the Unborn Child but the Mother’s “Right to Privacy”, a term that is nowhere in our Constitution BTW, trumps the Murder of an Innocent.
While I’m here, there is another word that does not exist in our Constitution, “democracy”.
Just for yucks, when perusing the WISH Shopping App I noticed they are selling Buttons and Stickers that read “I am Vaccinated” with different Graphics on them.
All the Items on WISH come from China.
It’s like a guy who owns a Glass Company driving down Mainstreet with a Pellet Gun trying to drum up Business.
“ You can ask anything you want. HIPAA just precludes you from requiring me to answer.”
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Bingo!
People can ask away........but no one can be forced to answer.
Which is the way it should be.
He’s not lying. An even bigger problem than HIPAA not applying to non-covered entities is the lack of a right of private 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).
Thanks.
Seems, like, sometimes our taglines assume an identity of their own.
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