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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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To: Enlightened1
They can ask you, but you do not have to answer. They cannot hold that against you. Trust me on this one. Go talk to a lawyer if you do not believe me.

I am a lawyer, and I do not believe you. Also, I quoted the provision you cited, and then quoted the specific language saying that it does not apply to employers. You ignored it.

I’ll put it to you this way. I know first hand Employers cannot do that. That comes from a big team of lawyers.

A "big team" of lawyers, huh? Were they all real estate guys or something who don't know HIPAA? In any case, my advice is to get a new team.

61 posted on 06/04/2021 8:02:19 AM PDT by Bruce Campbells Chin
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To: Bruce Campbells Chin

Here read this thread.

Check out the supporting videos on the replies.

https://freerepublic.com/focus/f-bloggers/3963453/posts


62 posted on 06/04/2021 8:02:28 AM PDT by Enlightened1 ( )
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To: KC_Lion

If someone asks me if I’ve been vaccinated, I say “Sure.”

I had the shingles vax 3 years ago.


63 posted on 06/04/2021 8:04:22 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix) )
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To: Enlightened1
So you're response is to direct me to a thread with over 300 replies, and telling me to "read them and watch the videos?" That's a bad joke. I looked at the first page, and there was nothing about HIPAA, but lots of stuff saying the vaccines were bad.

Your "big team of lawyers" needs to step up their game.

64 posted on 06/04/2021 8:07:14 AM PDT by Bruce Campbells Chin
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To: Mom MD

There is no real way for anyone to check whether you have actually been vaccinated.

There isn’t any federal database. Thankfully, Ron Paul helped pass a bill to block those back in 1998. Piglosi tried to remove this restriction in 2020, but it died in the Senate.

Virtually every State database has an opt out provision. You just send a notarized letter asking to be opted out of the state database, and they are required to delete everything about you that might be in the database. Thus, once you are deleted, there wouldn’t be any State record regarding your vaccinations.

Accordingly, beyond that paper card, there isn’t any “proof” that someone has been vaccinated.

The cards are very easy for anyone to print that wants one.

Lot numbers and dates are all over the internet because of the Karen virtue signalers.

The card stock is available at Staples.

The blank cards are on various government websites.


65 posted on 06/04/2021 8:07:26 AM PDT by TexasGurl24
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To: TexasGurl24

All 100% correct.


66 posted on 06/04/2021 8:07:55 AM PDT by Bruce Campbells Chin
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To: Enlightened1

You keep posting this nonsense, but it isn’t true.

I am absolutely and categorically against mandates and vaccine passports. I won’t comply with either, even to the point of civil disobedience.

But lying about what HIPAA does, helps no one.


67 posted on 06/04/2021 8:08:46 AM PDT by TexasGurl24
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To: Diana in Wisconsin

“and even require it”

Before giving out legal advice, maybe you should read 21USC360.


68 posted on 06/04/2021 8:09:45 AM PDT by CodeToad (Arm up! They Have!)
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To: Bruce Campbells Chin

You will never convince a Qtard. Ever.

I posted citations from case law, he posts a snippet from the HHS website with a creative reinterpretation of what it says.


69 posted on 06/04/2021 8:09:48 AM PDT by TexasGurl24
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To: TexasGurl24

“ Accordingly, beyond that paper card, there isn’t any “proof” that someone has been vaccinated.”
———————————————————————-

The County Health Departments are keeping records/data.

But, since you brought it up.

The list of how to make a vaccine card pretty much covers it.
Just need a thick card like paper to make a copy.
Office supply stores are offering free lamination so it will make the cards look tamper proof and more official.
Even though they were tampered with already. LOL


70 posted on 06/04/2021 8:12:54 AM PDT by David Chase
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To: TexasGurl24
Right. And a perfect example of why so many people have an incorrect understanding of HIPAA -- because people like that go around telling everyone their bogus interpretation of HIPAA as if they are experts.

I'm an employment lawyer, but I took some ERISA CLE's anyway because I bumped into it all the time, and I was very glad. What gets tricky is when you start considering the ADA...but that's outside the scope of a HIPAA discussion.

71 posted on 06/04/2021 8:22:08 AM PDT by Bruce Campbells Chin
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To: Bruce Campbells Chin

Indeed.


72 posted on 06/04/2021 8:23:53 AM PDT by TexasGurl24
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To: Diana in Wisconsin

The HIPPA law hasn’t changed. It’s not being misinterpreted or re-interpreted.

It’s always been that way since the day it was passed and signed into law.

Smarten up.


73 posted on 06/04/2021 8:27:48 AM PDT by Az Joe (FREE CHAUVIN!)
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To: TexasGurl24

Get off my thread Karen.


74 posted on 06/04/2021 8:32:57 AM PDT by Enlightened1 ( )
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To: LS

Great answer.


75 posted on 06/04/2021 8:33:07 AM PDT by KC_Lion
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To: Enlightened1

1. It’s not your thread.
2. The truth is the truth, whether you like it or not.
3. I don’t answer to you.


76 posted on 06/04/2021 8:36:01 AM PDT by TexasGurl24
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To: Bruce Campbells Chin

It’s not about HIPAA. It’s about the experimental mRNA gene therapy. You are clearly not educated on this. The various videos are from medical doctors around the world.

Do you understand the difference between civil law and criminal law? I will fill you because I suspect you do not. To win a case in civil law its based on preponderance of evidence. Which is lower compared to criminal law that is beyond a reasonable doubt. So companies that try this are going to open themselves up to plethora that could last a very long time. Thus, putting them out of business.

Here is a little secret of the U.S. Court system. Not even 10% of cases can be tried. Judges are always pressuring lawyers to settle because the truth is the system would collapse if more cases had to be tried. There simply aren’t enough resources. True for both civil and criminal cases.

So what do you think is going to happen if this mRNA is consistent with the last mRNAs that have been tested over the last 20 years? It’s going to tie down the courts.

In case you are wondering what I am talking about. The mRNAs that were tested over the last 20 years. None of them were approved by the FDA. The reason being is because ALL the animals died. Not some... ALL. Okay?

This experimental mRNA gene therapy that was rushed out in less than a year. It bypassed the animal trials. Thus, anyone that takes it is a lab rat. They are participating in the human trials.

For the record the animals did not die right away. It’s a soft kill. Meaning it takes time. Anyway, the doctors that are trying to alert the public are saying for people who took both shots. Most have a life span of about 3 years left. I even heard one doctor say they will be lucky if they make it to 10 years.

This is one of the many reasons why people will not take the jab. They view it as modernized Jim Jones kool-aid. Its a suicide. Besides if you had Covid over the last year, did not get hospitalized, then are you immune to it. If you get it now, do not get hospitalized, then you are immune to it too.

If you really believe you are protected, then why are you so worried about those that choose not to? It’s not your business. Oh and if you are worried you may infect them. Well they always have the choice to go get the jab.

I cannot understand how anyone would be willing to gamble their life? Remember IF you have it, then you have a 99.98% chance of survival. The average age of the people that die are 82 years old and have 3 or co-morbidities.


77 posted on 06/04/2021 8:53:30 AM PDT by Enlightened1 ( )
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To: TexasGurl24

Whatever.... Karen


78 posted on 06/04/2021 8:58:32 AM PDT by Enlightened1 ( )
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To: Mom MD

I take pride in disagreement with the institution that gave us such towering examples of moral judgment as Dress Scot and Roe v. Wade.

You can always tell someone has a compelling moral and legal argument when they pull out the “might makes right” card.


79 posted on 06/04/2021 9:05:27 AM PDT by hopespringseternal
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To: Mom MD
No fun. People are crazy.

Yes. Many people are. And I should have learned from my previous stint serving on the board of a non-profit that 1% do the work while the other 99% do next to nothing but take all the credit.

80 posted on 06/04/2021 9:08:29 AM PDT by MD Expat in PA (No. I am not a doctor nor have I ever played one on TV. The MD in my screen name stands for Maryland)
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