Domain: tiger-web1.srvr.media3.us I keep hearing HIPAA LAW | Page 3 | Political Talk
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re: I keep hearing HIPAA LAW

Posted on 1/9/22 at 11:26 am to
Posted by the808bass
The Lou
Member since Oct 2012
127147 posts
Posted on 1/9/22 at 11:26 am to
HIPAA does not prevent them from asking. It is technically PHI. You can decline to answer.

I’m not sure the point you’re driving at. HIPAA isn’t going to save anyone’s job with regards to the vaccine.
Posted by Diamondawg
Mississippi
Member since Oct 2006
37564 posts
Posted on 1/9/22 at 11:29 am to
quote:

HIPAA does not prevent them from asking. It is technically PHI. You can decline to answer.
Absolutely. But that is not what he asked. He asked if it was protected.
quote:

I’m not sure the point you’re driving at. HIPAA isn’t going to save anyone’s job with regards to the vaccine.


You say it's not protected. I said sure it is. If I work for Ace Hardware and they ask my vaccination status and I refuse to answer, they can't call up Walgreens and expect Walgreens to tell them whether or not I am vaccinated.
Posted by the808bass
The Lou
Member since Oct 2012
127147 posts
Posted on 1/9/22 at 11:32 am to
quote:

You say it's not protected. I said sure it is. If I work for Ace Hardware and they ask my vaccination status and I refuse to answer, they can't call up Walgreens and expect Walgreens to tell them whether or not I am vaccinated.


None of that changes the real issue. I’m not sure what point you’re making. HIPAA isn’t going to save anyone’s job when employers ask for vaccine status.
Posted by jimmy the leg
Member since Aug 2007
43379 posts
Posted on 1/9/22 at 11:34 am to
quote:

I'm gonna have to take one, or two for the team.


Posted by Diamondawg
Mississippi
Member since Oct 2006
37564 posts
Posted on 1/9/22 at 12:04 pm to
quote:

HIPAA isn’t going to save anyone’s job when employers ask for vaccine status.
Maybe you should start a thread "Can HIPAA save you from being fired"

While you are at it, explain this one:

quote:

HIPAA does not apply to vaccination records.

Posted by the808bass
The Lou
Member since Oct 2012
127147 posts
Posted on 1/9/22 at 12:12 pm to
quote:

does it protect anyone from being forced by your company to get the vax or letting them know your vaxed or not?


Here’s the OP if you want to reread it.

Here’s the government.

quote:

1. Does the HIPAA Privacy Rule prohibit businesses or individuals from asking whether their customers or clients have received a COVID-19 vaccine?

No.

The Privacy Rule2 does not prohibit any person (e.g., an individual or an entity such as a business), including HIPAA covered entities and business associates, from asking whether an individual has received a particular vaccine, including COVID-19 vaccines.

First, the Privacy Rule3 applies only to covered entities4 (health plans, health care clearinghouses, and health care providers that conduct standard electronic transactions) and, to some extent, their business associates.5

Second, the Privacy Rule does not regulate the ability of covered entities and business associates to request information from patients or visitors. Rather, the Privacy Rule regulates how and when covered entities and business associates are permitted to use6 and disclose7 protected health information8 (PHI) (e.g., PHI about whether an individual has received a COVID-19 vaccine) that covered entities and business associates create, receive, maintain, or transmit. Thus, the Privacy Rule does not prohibit a covered entity (e.g., a covered doctor, hospital, or health plan) or business associate from asking whether an individual (e.g., a patient or visitor) has received a particular vaccine, including COVID-19 vaccines, although it does regulate how and when a covered entity or its business associate may use or disclose information about an individual’s vaccination status.


Let me know which parts are unclear.
Posted by LRB1967
Tennessee
Member since Dec 2020
23075 posts
Posted on 1/9/22 at 12:15 pm to
HIPPA does not apply here. It prevents a doctor or other medical provider from disclosing your medical information. Requiring you to submit proof of vaccination isn't covered by that. Best course of action is to try to get an exemption.
Posted by Diamondawg
Mississippi
Member since Oct 2006
37564 posts
Posted on 1/9/22 at 12:20 pm to
quote:


Let me know which parts are unclear.

Let's start with this one from you:

quote:

HIPAA does not apply to vaccination records.
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