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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

I deal with HIPAA every day, and the main misunderstanding relates to “disclosure” of “protected health information” (PHI).

The most important FACT about HIPAA is that, in the law, in black and white, it says that any health care provider can disclose PHI to any other health care provider orally, electronically, or in writing when it is necessary for the care of the patient.


33 posted on 06/04/2021 6:37:06 AM PDT by Jim Noble (Extremism in the defense of Liberty is no vice)
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To: Diana in Wisconsin
Know your rights, HIPAA laws

 

What Rights Does the Privacy Rule Give Me over My Health Information?

Most of us believe that our medical and other health information is private and should be protected, and we want to know who has this information. The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral. The Security Rule is a Federal law that requires security for health information in electronic form.

They can't ask you if you have been VAXXED

 

https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html

35 posted on 06/04/2021 6:42:52 AM PDT by Enlightened1 ( )
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To: Diana in Wisconsin
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.”

He's absolutely correct.

People or organizations can ASK you anything.

They cannot COMPEL you to answer.

36 posted on 06/04/2021 6:44:23 AM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: Diana in Wisconsin

The covid jab is not a “vaccine.”

Read the following carefully, from Encyclopedia Brittanica:

Vaccine, suspension of weakened, killed, or fragmented microorganisms or toxins or of antibodies or lymphocytes that is administered primarily to prevent disease.

vaccine | Definition, Types, History, & Facts | Britannica

Genetic engineering, the artificial manipulation, modification, and recombination of DNA or other nucleic acid molecules in order to modify an organism or population of organisms.

https://www.britannica.com/science/genetic-engineering


38 posted on 06/04/2021 6:44:50 AM PDT by Uncle Miltie (I'm changing my name to 'Spike Protien'!)
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To: Diana in Wisconsin

There is no cure for any of the different variant’s of flu that probably been around for going on 80 years.

Yet we’re supposed to believe that in less than a year they have a “vaccine” cure for this strain of flu (aka Covid 19), and all of a sudden the regular flu is nonexistent.

How can people still believe them?


42 posted on 06/04/2021 6:48:20 AM PDT by Enlightened1 ( )
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To: Diana in Wisconsin

In reference to this specific issue, I would direct you to start with the Equality Act and the Americans with Disabilities Act.

But if you need to consult with legal counsel that specializes in those areas, because the statutes and revised codes are not enough. Case law and court precedent often distort, confuse, and otherwise obfuscate the plain text of the law. Worse, one court will rule very differently on the same set of circumstances and evidence than a different court within the same district or circuit.

Consult an Employment Law attorney in your area.


47 posted on 06/04/2021 7:00:36 AM PDT by Enlightened1 ( )
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To: Diana in Wisconsin

People and Employers should ask people if they’ve had abortions too. Wth.. Individual rights are dead.


50 posted on 06/04/2021 7:08:31 AM PDT by JerseyDvl (During times of universal deceit, telling the truth becomes a revolutionary act.)
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To: Diana in Wisconsin
Your Rights Under HIPAA (U.S. Department of Health & Human Services)

Who Must Follow These Laws
We call the entities that must follow the HIPAA regulations "covered entities."
Covered entities include:

Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.

Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.

Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.

In addition, business associates of covered entities must follow parts of the HIPAA regulations.

51 posted on 06/04/2021 7:09:46 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: Diana in Wisconsin

Question,did this same attitude exist during the HIV AIDS panic?


54 posted on 06/04/2021 7:43:19 AM PDT by ballplayer
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To: Diana in Wisconsin
Your employer can ask whether you’ve received the coronavirus vaccine — and even require it

Can my employer require I upload proof of vaccination to our HR system where they "guarantee" it will be safe, secure and not seen by anyone who isn't "authorized" to see it?

BTW, who's "authorized" to see it @ my employer? They don't say who is. There's no disclosure of who can request to see it, no logging of who looks at it, nothing.

I have zero guarantee of my health privacy rights being respected.

Finally, if they can demand vaccination status, why not HIV status? Can they demand proof that anyone who has HIV is on suppressing medication?

Where does this slippery slope end? No one can say and that's the BIG problem right there.

58 posted on 06/04/2021 7:56:34 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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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: Diana in Wisconsin

And it doesn’t ban lying about your status, either. You HAVE to lie to tyrannical governments in one way or another.


84 posted on 06/04/2021 10:00:12 AM PDT by steve86 (Prophecies of Maelmhaedhoc O'Morgair (Latin form: Malachy))
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To: Diana in Wisconsin
“It's not really a prohibition on asking, it's a prohibition against sharing,”

And I don't feel like sharing so SHOVE OFF!

87 posted on 06/04/2021 10:05:45 AM PDT by Harmless Teddy Bear (Nihil curo de ista tua stulta superstitione. (I'm not interested in your dopey religious cult.))
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To: Diana in Wisconsin

Hitler would be proud.


96 posted on 06/05/2021 12:13:06 AM PDT by gitmo (If your theology doesn't become your biography, what good is it?)
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