This is a lengthy article but good information on HIPPA and what HIPPA actually means.
How HIPPA relates to questions regarding being vaccinated
- Thread starter Mwalex
- Start date
And, pretty much, factually correct. Only those enumerated entities are required to comply with HIPAA laws. All other entities are not, at present.
Yes HIPPA is our right, Colorado is trying to circumvent this by offering a sweepstakes. You upload a copy of your vax card and get entered into a drawing for money etc. Some airlines are doing the same. Sheep are giving up their rights to possibly win a prize. Once you upload that image, it belongs to the entity that you uploaded it to, per most terms and website policies.
No, its your right, it goes over who can ask and who cannot ask you for proof of vax. I heard a radio announcer say that some venues in Northern CA would require a Vax card to attend a game etc. Its up to the individual to determine who they want to know.
copy/paste
By
Allyson Chiu
May 22, 2021 at 5:00 a.m. MST
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.
Most employers shy away from mandating coronavirus vaccines
That means that even if your friend, favorite restaurant or grocery store were to publicly share private details about your health, they would not be in violation of HIPAA because they aren’t one of the “covered entities,” Gatter said. There are other federal and state confidentiality laws that may require employers and schools to protect your privacy. And, experts emphasized, there is nothing in HIPAA that bars asking people about their health — including vaccination status — or requiring proof that the information is accurate.
“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.”
The misconceptions about the law likely stem from people widely using it in conversation as a “shorthand for privacy,” said Joshua Sharfstein, a public health expert at Johns Hopkins Bloomberg School of Public Health. If someone is asked a question about their health that they view as intrusive, he said, they might say, “I can’t tell you because of HIPAA,” when what they actually mean is that they consider the information private.
“Whether those two things are effective in keeping unvaccinated people out of your store is a different issue,” Spector-Bagdady said. “But it’s not a HIPAA problem.”
It would, however, be a violation of HIPAA if your health-care provider shared your vaccination status without your consent to someone who asked. “I can’t call your doctor and say, ‘Hey, this is Kim from Target, and I want you to tell me whether this customer standing in front of me is vaccinated,’” Spector-Bagdady said. “As that doctor, under HIPAA, I am prohibited to share that medical information without my patient’s permission.”
Five myths about patient privacy
Employers are also legally allowed to ask about or require proof of vaccination from employees. In a December guidance, the Equal Employment Opportunity Commission, which enforces federal workplace anti-discrimination laws, essentially confirmed that “there’s no indication that there’s any federal law that would be violated by the employer asking this question,” Cohen said.
According to the EEOC, employers would not be violating the Americans with Disabilities Act or the Genetic Information Nondiscrimination Act as long as they were careful about what vaccination-related questions they asked. A possible violation might be if an employer’s attempt to find out why a worker didn’t get vaccinated could elicit information about a disability.
It’s equally important to be mindful of state laws, Cohen said. Although it doesn’t violate federal laws to ask, those laws don’t make asking a requirement. “If the state says you can’t ask, then I think employers are likely to be governed by that state law,” he said.
All about your coronavirus vaccine card (and what to do if you lose it)
“I would expect businesses to treat people who have not been vaccinated and people who refuse to say whether they have been vaccinated the same, because otherwise there’s no way to tell the difference,” Spector-Bagdady said.
Federal laws don’t prohibit private businesses that serve the public from requiring workers and customers to be vaccinated, Gatter said, as long as the businesses do not discriminate against anyone eligible for a medical or religious exemption. But it would also be within a state’s authority to pass new laws banning employment or entry conditions related to vaccines, masking and social distancing, he said.
In the absence of a state-level prohibition, Gatter said, private businesses are free to operate within the bounds of existing law. While they can’t refuse service based on race or gender, there isn’t a law saying “businesses cannot discriminate on the basis of your vaccination status with respect to covid during the pandemic,” he said.
In places where there might be increased risk of transmission, such as a crowded indoor workplace, concert or choir practice, “I would understand why people might want to ask,” Sharfstein said.
The unseen covid-19 risk for unvaccinated people
Employers and others should also feel comfortable asking when the answer is relevant to safety, Cohen said. “It’s entirely appropriate, given what we know about covid, to say that an employer has the right and maybe should do whatever they can to reduce the risk to everyone.”
But if you are asking, you should be prepared to have potentially awkward conversations and face pushback, Gatter said. “It’s sort of like me asking you your age or your income,” he said. Some people won’t respond well to that or to being told that they can’t do something unless they share information about themselves or put on a mask, he said.
Vaccine conversations can be messy. Here’s how to talk about the shots.
If you’re being asked and you feel uncomfortable, Cohen said, don’t hesitate to bring up your own questions, such as, “Why are you asking this?” and “How will my answer affect me?” In situations where it’s a business or restaurant asking, he added, remember that you can always go somewhere else.
Gatter urged people reluctant to share their vaccination status to consider the safety of others. “When someone’s asking your vaccination status where the vaccine is about a novel virus that has caused a pandemic, and you work at a nursing home or you’re a student at a residential university,” he said, “I think you should be able to understand that, ‘That’s a worthwhile invasion of my privacy.’”
Allyson Chiu
May 22, 2021 at 5:00 a.m. MST
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.
Most employers shy away from mandating coronavirus vaccines
What is HIPAA?
HIPAA, also known as the Health Insurance Portability and Accountability Act of 1996, and its subsequently added Privacy Rule include provisions to protect a person’s identifying health information from being shared without their knowledge or consent. The law, though, only applies to specific health-related entities, such as insurance providers, health-care clearinghouses, health-care providers and their business associates.That means that even if your friend, favorite restaurant or grocery store were to publicly share private details about your health, they would not be in violation of HIPAA because they aren’t one of the “covered entities,” Gatter said. There are other federal and state confidentiality laws that may require employers and schools to protect your privacy. And, experts emphasized, there is nothing in HIPAA that bars asking people about their health — including vaccination status — or requiring proof that the information is accurate.
“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.”
The misconceptions about the law likely stem from people widely using it in conversation as a “shorthand for privacy,” said Joshua Sharfstein, a public health expert at Johns Hopkins Bloomberg School of Public Health. If someone is asked a question about their health that they view as intrusive, he said, they might say, “I can’t tell you because of HIPAA,” when what they actually mean is that they consider the information private.
Who can legally ask me about my vaccination status?
Under federal laws, there are very few, if any, situations in which businesses, airlines, employers, schools and even those covered by HIPAA are prohibited from asking you to share your vaccination status or show your vaccine record card, experts said.“Whether those two things are effective in keeping unvaccinated people out of your store is a different issue,” Spector-Bagdady said. “But it’s not a HIPAA problem.”
It would, however, be a violation of HIPAA if your health-care provider shared your vaccination status without your consent to someone who asked. “I can’t call your doctor and say, ‘Hey, this is Kim from Target, and I want you to tell me whether this customer standing in front of me is vaccinated,’” Spector-Bagdady said. “As that doctor, under HIPAA, I am prohibited to share that medical information without my patient’s permission.”
Five myths about patient privacy
Employers are also legally allowed to ask about or require proof of vaccination from employees. In a December guidance, the Equal Employment Opportunity Commission, which enforces federal workplace anti-discrimination laws, essentially confirmed that “there’s no indication that there’s any federal law that would be violated by the employer asking this question,” Cohen said.
According to the EEOC, employers would not be violating the Americans with Disabilities Act or the Genetic Information Nondiscrimination Act as long as they were careful about what vaccination-related questions they asked. A possible violation might be if an employer’s attempt to find out why a worker didn’t get vaccinated could elicit information about a disability.
It’s equally important to be mindful of state laws, Cohen said. Although it doesn’t violate federal laws to ask, those laws don’t make asking a requirement. “If the state says you can’t ask, then I think employers are likely to be governed by that state law,” he said.
All about your coronavirus vaccine card (and what to do if you lose it)
Do I have to answer?
No, you can always decline to share your vaccination status. But, experts said, there are likely going to be consequences if you choose not to disclose.“I would expect businesses to treat people who have not been vaccinated and people who refuse to say whether they have been vaccinated the same, because otherwise there’s no way to tell the difference,” Spector-Bagdady said.
Federal laws don’t prohibit private businesses that serve the public from requiring workers and customers to be vaccinated, Gatter said, as long as the businesses do not discriminate against anyone eligible for a medical or religious exemption. But it would also be within a state’s authority to pass new laws banning employment or entry conditions related to vaccines, masking and social distancing, he said.
In the absence of a state-level prohibition, Gatter said, private businesses are free to operate within the bounds of existing law. While they can’t refuse service based on race or gender, there isn’t a law saying “businesses cannot discriminate on the basis of your vaccination status with respect to covid during the pandemic,” he said.
When is it appropriate to ask?
That largely depends on the situation and risk factors.In places where there might be increased risk of transmission, such as a crowded indoor workplace, concert or choir practice, “I would understand why people might want to ask,” Sharfstein said.
The unseen covid-19 risk for unvaccinated people
Employers and others should also feel comfortable asking when the answer is relevant to safety, Cohen said. “It’s entirely appropriate, given what we know about covid, to say that an employer has the right and maybe should do whatever they can to reduce the risk to everyone.”
But if you are asking, you should be prepared to have potentially awkward conversations and face pushback, Gatter said. “It’s sort of like me asking you your age or your income,” he said. Some people won’t respond well to that or to being told that they can’t do something unless they share information about themselves or put on a mask, he said.
How can I have respectful conversations?
Be transparent and honest about why you need to know someone’s vaccination status, experts said. Sharfstein suggested also explaining what the information gathered will be used for and how. “It respects people’s autonomy to tell them a little bit more rather than just asking a question,” he said.Vaccine conversations can be messy. Here’s how to talk about the shots.
If you’re being asked and you feel uncomfortable, Cohen said, don’t hesitate to bring up your own questions, such as, “Why are you asking this?” and “How will my answer affect me?” In situations where it’s a business or restaurant asking, he added, remember that you can always go somewhere else.
Gatter urged people reluctant to share their vaccination status to consider the safety of others. “When someone’s asking your vaccination status where the vaccine is about a novel virus that has caused a pandemic, and you work at a nursing home or you’re a student at a residential university,” he said, “I think you should be able to understand that, ‘That’s a worthwhile invasion of my privacy.’”
Because the cool kids on Sniper's Hide will call you a cuck and a moron.
It comes down to privacy... but it seems like so much else these days people who HAVE gotten vaccinated are virtue signaling and telling fucking everybody and shouting down those who choose not to get it.
Actually there are a lot more people here who are for individual freedom and liberty. Get it... dont get it... none of your business... none of my business... none of anybody elses business... none of the governments business...
Because your medical history is privileged information, protected by law. If someone wants to give that info to their wife's boyfriend thats all his right. The point is to know your rights.
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sure, they can ask....
The real question that article tip toed around, (good ol washing post) was the legalities if you refuse to answer or what happens if you answer incorrectly. For example, if you say, against my religion, does a work place have the 'right' to 'take action' against the employee.
From article,
Equal Employment Opportunity Commission, which enforces federal workplace anti-discrimination laws, essentially confirmed that “there’s no indication that there’s any federal law that would be violated by the employer asking this question"
Federal laws don’t prohibit private businesses that serve the public from requiring workers and customers to be vaccinated, Gatter said, as long as the businesses do not discriminate against anyone eligible for a medical or religious exemption
The real question that article tip toed around, (good ol washing post) was the legalities if you refuse to answer or what happens if you answer incorrectly. For example, if you say, against my religion, does a work place have the 'right' to 'take action' against the employee.
From article,
Equal Employment Opportunity Commission, which enforces federal workplace anti-discrimination laws, essentially confirmed that “there’s no indication that there’s any federal law that would be violated by the employer asking this question"
Federal laws don’t prohibit private businesses that serve the public from requiring workers and customers to be vaccinated, Gatter said, as long as the businesses do not discriminate against anyone eligible for a medical or religious exemption
Your statement was truth though... There is a small but vocal minority around here that will shout you down for your choice to get vaccinated... they are just as annoying as the people on the other side who will shout you down for NOT getting vaccinated...
Fair enough. To me it seems like a totally personal decision, both to do it and to share it. I'd feel weird about somebody asking me, and wouldn't ask others other than close friends if it came up in discussion.
HIPAA basically prevents Covered Entities (health plan or health provider) from sharing your information with a 3rd party without your permission. Anyone can ask for health information but you get to decide whether to give it to them. Things get murkier (and outside my area of expertise) once those 3rd parties start telling you to share "or else".
Note: there are plenty of exceptions to HIPAA protections
Note: there are plenty of exceptions to HIPAA protections
I think the biggest concern for me would be "International Travel." I'm pretty sure that a bunch of countries will require proof of vaccination to enter the country and/or without a 2 week quarantine. That's the only reason for me to get it at this point.... That, and keeping my 87y./o Mom from beating my a$$....
Because it's none of their fucking business.
That's a feature, not a bug! I am hoping they vaccination proof all travel because I lost the record of my vaccinations so I can sit my ass here. I've traveled more than enough for three lifetimes.I think the biggest concern for me would be "International Travel." I'm pretty sure that a bunch of countries will require proof of vaccination to enter the country and/or without a 2 week quarantine. That's the only reason for me to get it at this point.... That, and keeping my 87y./o Mom from beating my a$$....
Went and got my teeth cleaned today , the hygienist asked me if i got the Vax ?
Told her no , but was wondering how her last breast exam/pap smear went ?
She looked at me like I had a booger hanging out of my nose ! She said she asked cause we are friends outside the office.
Kinda rough doing the cleaning , but I have no cavities
Told her no , but was wondering how her last breast exam/pap smear went ?
She looked at me like I had a booger hanging out of my nose ! She said she asked cause we are friends outside the office.
Kinda rough doing the cleaning , but I have no cavities
I would agree with you, but there are, still, some things I have to do overseas. Not much, but 1-2 trips. Either that, or I have to figure out how to make some friends in that country that can get some things shipped to me, here in the US.
This! I’ve done my share of traveling and having to travel but there are still places I want/need to go to. Restricting my travel because of the boogeyman is bullshit. But if other countries will require this to enter them fuck them. I’ll keep the money I we going to spend there.I think the biggest concern for me would be "International Travel." I'm pretty sure that a bunch of countries will require proof of vaccination to enter the country and/or without a 2 week quarantine. That's the only reason for me to get it at this point.... That, and keeping my 87y./o Mom from beating my a$$....
This. Sure maybe it’s not a HIPAA violation but fuck them. You did exactly what I would have done. I might have even gone farther.Went and got my teeth cleaned today , the hygienist asked me if i got the Vax ?
Told her no , but was wondering how her last breast exam/pap smear went ?
She looked at me like I had a booger hanging out of my nose ! She said she asked cause we are friends outside the office.
Kinda rough doing the cleaning , but I have no cavities
I have had a vaccine, but if asked where no children are present I plan to respond with a question: do you enjoy receptive anal see? Ya know sense we are exchanging info that is none of each other's business.
I'll never attend another pro sporting event. Ide like to see a few more air shows.
I'll never attend another pro sporting event. Ide like to see a few more air shows.
I want to give her a good spanking !
Thinking I will open a store and offer free Pap smears , breast checks and piggy back rides !World has gone dinky dau , why not ?
She did apologize for asking .
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i have to take a hipaa test every year, and really the way i interpret it is that others that have your private health info can only share that information for treatment and billing purposes - without your written consent.
this does not necessarily protect you from being asked, and of course you can decline to answer, but this is not something covered by hipaa.
this does not necessarily protect you from being asked, and of course you can decline to answer, but this is not something covered by hipaa.
Why bother being rude? I know it is just a fantasy, but you'd probably be better off just telling them it was private information. They'd learn more from that.
Have we not figured out that kindness to rudeness is getting us nowhere? Yes, youre correct, it is the right thing to do, but not asking about private medical questions is also the right thing to do.
Question......have you been tested for STDs lately? If so, did they get you started on a antibiotic?
I have not been tested for STDs lately. I don't think they can jump from sheep to humans. Please advise if you know otherwise.
It's dumb for two reasons. First, posting about it online is just some fantasy for people who never are as strong as they would like to be. Second, I think the reaction to something like that is generally, fuck him, another conservative cocksucker, and no change in behavior. Because why would your behavior change. The other at least has the possibility of making somebody wonder if they are, perhaps, the asshole.
and if that isn't enough, the hypocrisy of making it legal to have HIV and fuck people bareback without telling them, but you have to tell everyone if you got vaccinated or not?
Well... does this trend mean that employers can now make women get abortions to prevent lost time?
We're running along these lines
Shred
We're running along these lines
Shred
Because if you get whatever is in that "vaccine" for this fake and planned pandemic, then you are a true fool.
Read the emails....
Doc
Fake and planned is quite a trick, if you think about it, which you won't. But I guess you are the guy that @rjacobs warned us about.
A few more choices
- Do you have herpes
- Do you have syphilis
- Do you have AIDS
- Do you have gonorrhea
- Do you enjoy sucking dick
- Do you wear adult diapers
- Does your pussy smell like fish
Go read the email dump.
Fauci knew this was a bio weapon from the get go
2021 HCQ is an effective treatment.
2020 was not, even though fauci knew it was.
Masks dont work, fauci admitted this in numerous emails.
Fauci and Zuckerberg coordinated their efforts to make this worse.
You being a shill makes your statements nullified. you cannot back up anything you state here, on the other hand all of the stuff I along with many others is finally coming out.
Doc
Attachments
Fake and planned...here ya go so pay attention.
Fake, bio weapon released on public. Exaccerated deaths because everything was a covid related death. Hospital were incentivized by .gov to make money.
CDC admits two weeks ago, true covid deaths were roughly 6% of that 600k reported my msm, unless you were old or had a comorbidity.
Planned, no one could gather in public and were told by .gov you will be fined if you do. Hence, mail in ballots because of this fake pandemic.
What part dont you understand at this time.
Doc
I think I've gotten the vax, but considering my Dissociative Identity Disorder I'd have to conduct a Zoom meeting to confirm. Not everyone can get on-line at the same time for some reason. There's always an excuse. WTH!?
Anything you do or say can and will be used against you in a tyrannical government.
i think he implied that they are not effective for 99% of the masks being used and how people use them...close enough imho.
Hey .....The Good Idea Fairy stopped by my house last night. Let's take this animal virus and SEE if we can get it to transfer to humans. Yea, yea , yea...we know in Mother Nature's real world time it might not EVER happen but we can see what we can do here to speed things up a tad.
AWESOME!....I know a guy willing to fund it.
Any downsides??
Nah....shit leaks out all the time, nothing really happened then...why would it now???
AWESOME!....I know a guy willing to fund it.
Any downsides??
Nah....shit leaks out all the time, nothing really happened then...why would it now???
