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Explaining HIPAA: No, it doesn’t ban questions about your vaccination status
Washington COMpost ^ | June 4, 2020 | Allyson Chu

Posted on 06/04/2021 5:48:56 AM PDT by Diana in Wisconsin

As the Centers for Disease Control and Prevention continues to relax safety measures for people who are fully vaccinated against the coronavirus and the country begins to reopen, many employers, businesses, families and friend groups are finding themselves in the at-times uncomfortable position of having to ask about others’ vaccination statuses.

Some Americans, including Rep. Marjorie Taylor Greene (R-Ga.), are balking at such questions and are claiming that asking about or requiring proof of vaccination is a violation of the HIPAA federal privacy law.

“Vax records, along with ALL medical records are private due to HIPPA rights,” Greene recently tweeted, misspelling the law’s acronym.

In the caption of an Instagram post that was flagged for containing false information, another person wrote, “If anyone asks for your vax status, tell them they have no right to know.”

That’s a common misconception but is “simply untrue,” said Robert Gatter, a professor with the Center for Health Law Studies at St. Louis University School of Law. Citing HIPAA as a reason to not disclose vaccination status is often a “knee-jerk reaction” that “quickly gets turned into a statement that sounds like law,” Gatter said. People sometimes say, “‘But I have a right not to be asked that question,’” he continued, “and it’s just not the case.”

Here’s what he and other experts say you need to know about the law.

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


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: covid19; experts; hipaa
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“It’s not really a prohibition on asking, it’s a prohibition against sharing,” said Kayte Spector-Bagdady, an associate director at the Center for Bioethics and Social Sciences in Medicine at the University of Michigan. The law, she added, “doesn’t mean you never have to tell anyone about your health information.”

Your employer can ask whether you’ve received the coronavirus vaccine — and even require it

HIPAA has become one of the “most misunderstood statutes in existence,” said Glenn Cohen, a Harvard Law School professor who is an expert on health law and bioethics. “People think it does a lot more than it’s actually doing.”

1 posted on 06/04/2021 5:48:56 AM PDT by Diana in Wisconsin
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To: Diana in Wisconsin
. “People think it does a lot more than it’s actually doing.”

That is Government in a nutshell.

2 posted on 06/04/2021 5:49:55 AM PDT by KC_Lion
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To: All

And, we’re off! Leftists changing the ‘meaning’ of anything they want, to get the results that they want!

Welcome to our Brave New World! *SPIT*


3 posted on 06/04/2021 5:50:02 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set. )
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To: Diana in Wisconsin

So it appears that HIPAA, like most laws, when it really matters, it is practically worthless.


4 posted on 06/04/2021 5:50:57 AM PDT by KC_Lion
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To: Diana in Wisconsin

HIPAA has always only applied to health care entities and a few of their contractors in very specific circumstances. It prevents them from sharing your information from your medical record without your permission. It does not apply to anyone outside health care including your employer. It does. it prevent asking questions. You may share your information with anyone you wish


5 posted on 06/04/2021 5:53:19 AM PDT by Mom MD ( )
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To: Diana in Wisconsin

No, it doesn’t ban questions about your vaccination status...


They are deflecting the point. According to the first amendment, people can ask you anything they want. It has never been about people being allowed to ask. It’s been about you being compelled to answer. That is the question that everybody wants answered - do you have to answer when they ask?


6 posted on 06/04/2021 5:53:51 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: KC_Lion

Yep. :(

Remind me what the meaning of, ‘is’ is? *SNORT*


7 posted on 06/04/2021 5:54:24 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set. )
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To: KC_Lion

Just remember: They may ask, but you don’t have to tell.

Just say ‘no’.

What will happen?

I ponder this every day. Given the labor shortage, will they really terminate my employment?


8 posted on 06/04/2021 5:54:38 AM PDT by beancounter13 (A Republic, if you can keep it.)
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To: Mom MD

You may share your information with anyone you wish


Or refuse to.


9 posted on 06/04/2021 5:55:05 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: Diana in Wisconsin
Okay, fine. They may have the right to aks but I have the right to not answer.

Kind of like the cop who has the right to aks you questions but you have the right to not answer.

10 posted on 06/04/2021 5:56:42 AM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all.)
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To: cuban leaf

Of course you can refuse. But the right to refuse is not granted by HIPAA either.


11 posted on 06/04/2021 5:57:07 AM PDT by Mom MD ( )
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To: cuban leaf

Paving the way for Vaccine Passports to allow ‘We The People’ to freely travel.

Wonder if the illegals pouring in across our southern border are being issued those before they’re transported and released into the red parts of America? ;)


12 posted on 06/04/2021 5:57:51 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set. )
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To: Diana in Wisconsin

Your health care provider cannot share your data. The company can ask for anything they want and can penalize you for not complying.

We make all students get vaxxed for Meningitis.


13 posted on 06/04/2021 6:00:30 AM PDT by AppyPappy (How many fingers am I holding up, Winston? )
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To: Diana in Wisconsin

It was damn sure a problem asking queers about AIDS. That’s how we got HIPAA in the first place.


14 posted on 06/04/2021 6:03:11 AM PDT by bk1000 (Banned from Breitbart)
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To: Mom MD
Of course you can refuse. But the right to refuse is not granted by HIPAA either.

OK, so people can lie. Can employers demand that health care providers confirm the data?

15 posted on 06/04/2021 6:03:11 AM PDT by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: Diana in Wisconsin

Some BS going on there, my info is personal and private, and will remain so. And i will use deadly force to protect my family from experimental drugs.


16 posted on 06/04/2021 6:04:11 AM PDT by exnavy
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To: Diana in Wisconsin

Why did Biden pressure dating/hookup apps to expose peoples’ VAX status while not encouraging self-identification of STD status?


17 posted on 06/04/2021 6:05:56 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: Diana in Wisconsin
”It’s not really a prohibition on asking, it’s a prohibition against sharing,” said Kayte Spector-Bagdady.

That’s a pretty big distinction…

18 posted on 06/04/2021 6:06:41 AM PDT by Magnatron
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To: AppyPappy

“ We make all students get vaxxed for Meningitis.”

Straw man. That is a very deadly disease that affects children, and the vax is well tested, not some experimental BS authorized under “emergency powers “.


19 posted on 06/04/2021 6:06:57 AM PDT by bk1000 (Banned from Breitbart)
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To: cuban leaf

>>You may share your information with anyone you wish

My employer will terminate employees who compare salaries.


20 posted on 06/04/2021 6:07:00 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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