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An employer cannot ask for Inoculation information per HIPAA law

 
CHINA VIRUS PEDO JOE

User ID: 79461243
United States
04/07/2021 11:55 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
DUUUHHHHH NO ONE CAN
time to drain the swamp, release ALL OBOZO RECORDS.
1guynAz

User ID: 78987609
United States
04/08/2021 12:04 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
It's glad someone is letting us know.

I was actually wondering about all of this...
True courage is about knowing not when to take a life, but when to spare one...Gandalf the Gray
Zovalex

User ID: 77432258
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04/08/2021 12:08 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
For the love of God, man, point us, the uninformed to THOSE laws!
 Quoting: ITSARICHMANSGAME


I was an employer for over 20 years, so I had to be very familiar with a LOT of federal and state employment law, as well as many other non-employment laws such as HIPAA. Some of those laws I learned the hard way.

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

But 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.

....oh, and as for advertising your personal medical information on a billboard, there’s this little thing called “tort law” that would remedy that.
.

Last Edited by Zovalex on 04/08/2021 12:09 AM
“Mental slavery is the worst form of slavery.
It gives you the illusion of freedom,
makes you trust, love, and defend your oppressor,
while making an enemy of those
who are trying to free you or open your eyes.”
-Fiyah

“None are more hopelessly enslaved than those who falsely believe they are free.”
-Johann Wolfgang von Goethe

“You have been programmed to resist the very person that is here to set you free, from the prison of your Mind... You are not free... everything you are has been manufactured by Minds that have not your best interest. You are imprisoned by beliefs and not reality. Religions are mental programs to imprison your Mind.”

-SOL
SitAndBreathe

User ID: 80205536
United States
04/08/2021 12:17 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
[link to www.hipaajournal.com (secure)]

Of interest:
PHI includes health records, health histories, lab test results, and medical bills. Essentially, all health information is considered PHI when it includes individual identifiers. Demographic information is also considered PHI under HIPAA Rules, as are many common identifiers such as patient names
 Quoting: BigJCPump


What am I not understanding about this than: [link to www.hhs.gov (secure)]

"Who Is Not Required to Follow These Laws
Many organizations that have health information about you do not have to follow these laws.

Examples of organizations that do not have to follow the Privacy and Security Rules include:

Life insurers
Employers
Workers compensation carriers
Most schools and school districts
Many state agencies like child protective service agencies
Most law enforcement agencies
Many municipal offices"
ITSARICHMANSGAME

User ID: 78068491
United States
04/08/2021 12:19 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
For the love of God, man, point us, the uninformed to THOSE laws!
 Quoting: ITSARICHMANSGAME


I was an employer for over 20 years, so I had to be very familiar with a LOT of federal and state employment law, as well as many other non-employment laws such as HIPAA. Some of those laws I learned the hard way.

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

But 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.

....oh, and as for advertising your personal medical information on a billboard, there’s this little thing called “tort law” that would remedy that.
.
 Quoting: Zovalex


Fantastic answer. Thank you. None of this applies to me because I'm retired, but I appreciate the informed response.

As an aside my niece is Human Resources Director for a National retail chain, but I'm not sure it's wise to have these types of discussions with her.
The more I know, the crazier I appear to be.
Pilot007

User ID: 68421572
United States
04/08/2021 12:20 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Link or BS
bsflag
Pilot007
Shears

User ID: 80205381
United States
04/08/2021 01:15 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
This is a good summary of the law and Covid vaccination requirements.

[link to www.jdsupra.com (secure)]
MudSlinger

User ID: 78352955
United States
04/08/2021 01:20 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Just wait till you find out your employer can deny your 2nd amendment rights. Good times ahead my friend.
Etta

User ID: 78205315
United States
04/08/2021 01:24 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
If I may play the role of devil's advocate...

2 people apply for a job at ABC Corp.
The first is asked for inoculation info and immediately whips out a covid card.

The 2nd is asked for inoculation info and immediately and politely informs the potential employer that it violates HIPAA to even ask.

What might the employer infer from those 2 responses?
 Quoting: ITSARICHMANSGAME


It's early in the game though. So the person without the card can simply state that they are healthy and felt that there are others in more urgent need of the vaccine and you felt that you should wait. : ) If they follow up in a few months, which they may not, one might want to come up with more BS.
“Expectations are the root of all heartache”

"I like all of the races, even the bad ones."
ListenFat

User ID: 78261532
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04/08/2021 01:49 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
What about all these businesses requiring proof of vaccination? Like the airlines ... would that be covered by hippa.? These businesses, it would seem are also violating your privacy and hippa?
WhoCares?

User ID: 3084596
United States
04/08/2021 01:59 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
This area seems to be so gray.
My employer took this route:
1.set up 2 times for staff to get the shot - those not on duty were expected to do it on their own time.
2. those that had doubts or refused were ordered to go to their PCP for patient education (=get the shot) on their own time & pay the affiliated co-pays. A date & time were given in which staff had to notify the employer of when & with whom the appointment was made.
3. Those staff were further ordered to write a written report as to what was discussed, with whom, and outcome (shot received or not).
4. Those that had concerns on religious grounds were peppered with many emails about the Pope & others saying it was okay to get it for, 'the greater good.'

In my own case I did inform my supervisor of when my appt was before the set date/time. He sent it to the CEO via an email, which she never read. I then received a nasty email saying I would at a minimum not receive my annual raise and could be terminated for insubordination.
I never received an apology for HER fuckup and snotty email.
SitAndBreathe

User ID: 80205536
United States
04/08/2021 02:03 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
This is a good summary of the law and Covid vaccination requirements.

[link to www.jdsupra.com (secure)]
 Quoting: Shears


Thanks for link. I'd been looking for a good write up like that.
Zovalex

User ID: 77432258
United States
04/08/2021 02:07 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
This is a good summary of the law and Covid vaccination requirements.

[link to www.jdsupra.com (secure)]
 Quoting: Shears


Excellent link, thank you.

But it doesn’t end there.

If an employer mandates vaccination, will that employer’s Workers Compensation provider cover vaccine injuries sustained by the employee ?

How about the medical insurance provider? This vaccine is experimental and has bypassed standard FDA study requirements under the so-called “national emergency” we’re still under. Most medical insurance plans won’t cover medical expenses incurred as a result of experimental medical procedures and pharmaceuticals.

.
“Mental slavery is the worst form of slavery.
It gives you the illusion of freedom,
makes you trust, love, and defend your oppressor,
while making an enemy of those
who are trying to free you or open your eyes.”
-Fiyah

“None are more hopelessly enslaved than those who falsely believe they are free.”
-Johann Wolfgang von Goethe

“You have been programmed to resist the very person that is here to set you free, from the prison of your Mind... You are not free... everything you are has been manufactured by Minds that have not your best interest. You are imprisoned by beliefs and not reality. Religions are mental programs to imprison your Mind.”

-SOL
AR 15-SPECIALIST
HELP!!! Biden is trying to sniff us

User ID: 80208350
United States
04/08/2021 02:47 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
If I may play the role of devil's advocate...

2 people apply for a job at ABC Corp.
The first is asked for inoculation info and immediately whips out a covid card.

The 2nd is asked for inoculation info and immediately and politely informs the potential employer that it violates HIPAA to even ask.

What might the employer infer from those 2 responses?
 Quoting: ITSARICHMANSGAME


ABC Job Corp is fucked for even asking the question.

1. Hire candidate # 2 in hopes that he does not sue

2. Settle out of court
TRUMPS FAULT
BuckyBalls

User ID: 80224921
United Kingdom
04/08/2021 03:31 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Don't count on this.
When they pushed Obamacare, and tried to fine us for not signing up, IRS agents had full access to our medical records.
That's beyond unethical, and violates every aspect of HIPAA.

They will say this is a moral obligation, and for the good of all.

HIPAA will turn a blind eye.
Watch.
No bromo dude...
Surrealistic Endeavors

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United States
04/08/2021 04:17 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Nor can the mandate wearing masks per OSHA regulations...
But they did anyway.

When law becomes selective - then there is no law.
Alluvion

User ID: 79249286
United States
04/08/2021 04:40 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Can one of you people who knows about HIPAA tell me what my best options are in a situation where my previous physician deleted my medical records (I think accidentally) and then created fraudulent records to replace them? They’re missing my actual medical conditions, list made up ones that don’t even make sense given my actual health and they don’t even have the year right that I started seeing them (I was living in a different state during the year they guessed I became a patient).
Midwest Skeptic

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United States
04/08/2021 04:55 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
I have HIPAA training at work every 6 months and I can say with certainty that it does apply to businesses and not just health care providers. We cannot even store nor transfer health related data without proper security measures in place to protect PHI.
 Quoting: BigJCPump


If that is true then since the Employer can't ask you they can just force you to get a JAB one day when you are walking into work, whether you have had one in the past or not.

Been litigation on employers forcing this kind of action in my state, not just forced jabs but forced blood draws, restrictions on smoking even on weekends away from work, etc. etc. and the Courts have come down in the Employer's favor EVERY TIME.

One industrial company in particular has led the way in my state in this whole arena ... and they have a 100% success rate in Court.

So ... I guess you can keep it a secret but your employer can one day say "We won't ask ... but you ARE GETTING A JAB TODAY of the vaccine of OUR CHOOSING or you are fired". (and this one company I am sure IS going to require that jab)

... and before you say "SUE", well they have been sued, ALWAYS won, 100% of the time, and NEVER had to pay out a single unemployment claim on one of these issues of firing someone for not complying with one of their medical requirements, including jabs

Last Edited by Midwest Skeptic on 04/08/2021 05:02 AM
Midwest Skeptic
MeeLikey

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04/08/2021 05:00 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
There are employers in America THAT REQUIRE you to pass a health screening prior to being employed.

What health information do employers get?

Yep. Whatever they want.

A1C levels (diabetes)
Protein levels
Vision
Hearing
Balance
Weight
Height
Mobility

...and a whole bunch of other stuff about you.
MeeLikey
tkwasny

User ID: 77839169
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04/08/2021 05:04 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
You are 100% correct OP. Husband and I have been in healthcare for a combined 60+ years.
 Quoting: CoffeeDoom


Swaying a bit off:

A potential employer cannot ask a candidate why they left their last place of employment either. Nor can there be company to company communications to determine that.
tkwasny

User ID: 77839169
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04/08/2021 05:07 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
There are employers in America THAT REQUIRE you to pass a health screening prior to being employed.

What health information do employers get?

Yep. Whatever they want.

A1C levels (diabetes)
Protein levels
Vision
Hearing
Balance
Weight
Height
Mobility

...and a whole bunch of other stuff about you.
 Quoting: MeeLikey


Applying to the Coast Guard Academy, for instance. You must be nearly perfect, passing your DoDMERB.
Mist Walker

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04/08/2021 05:56 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
HIPAA applies to healthcare providers and nobody else.

If I find out that you have AIDS I can go run to TMZ and they can tell everyone on the planet and it's totally legal.

Employers can force you to prove you don't have high blood pressure or diabetes or vision or hearing problems, requiring a vaccination is no different.

And if they want to sell that information to the highest bidder or post it online for free they can do so and it's totally legal.

Your boss can require to to tell him if you have AIDS, and if you say yes he can rent a billboard on I-95 and put your picture up with big red lettering saying "HIV POSITIVE".

And HIPAA will not protect you from any of that.
 Quoting: R. Wordsworth


hesright
Bad Pattern

User ID: 79040234
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04/08/2021 07:46 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Unless there is a State or Federal law that mandates employers must require records of inoculation for terms of employment, your PHI (Private Health Information) cannot be required under HIPAA law. You can freely give this information, but they cannot require it. Your private health information is absolutely protected!
 Quoting: BigJCPump


They can then rook you right off the figurative board using the old “right to work State” which means your right to quit at any time and their right terminate at any time with no reason.
lettruthspeak

User ID: 80176305
United States
04/08/2021 07:51 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
If I may play the role of devil's advocate...

2 people apply for a job at ABC Corp.
The first is asked for inoculation info and immediately whips out a covid card.

The 2nd is asked for inoculation info and immediately and politely informs the potential employer that it violates HIPAA to even ask.

What might the employer infer from those 2 responses?
 Quoting: ITSARICHMANSGAME


By law they aren't allowed to ask, that's the whole point behind the privacy aspect.
R. Wordsworth
Yes, I lost a bet.

User ID: 79324350
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04/08/2021 07:56 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
If I may play the role of devil's advocate...

2 people apply for a job at ABC Corp.
The first is asked for inoculation info and immediately whips out a covid card.

The 2nd is asked for inoculation info and immediately and politely informs the potential employer that it violates HIPAA to even ask.

What might the employer infer from those 2 responses?
 Quoting: ITSARICHMANSGAME


By law they aren't allowed to ask, that's the whole point behind the privacy aspect.
 Quoting: lettruthspeak


HIPAA has nothing to do with being asked about heath information, it only prevents your doctor from sharing it with third parties.
Eilonwy

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Canada
04/08/2021 08:06 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Nor can the mandate wearing masks per OSHA regulations...
But they did anyway.

When law becomes selective - then there is no law.
 Quoting: Surrealistic Endeavors


However, rights don't come from the government. If people or laws try to take away our inalienable rights, then we have a duty to not abide that.
“A grower of turnips or shaper of clay, a commot Farmer or a king--every man is a hero if he strives more for others than for himself alone.”
Lloyd Alexander, The Castle of Llyr
GlassEyes

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04/08/2021 08:08 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
This is going to make a lot of employee's rich.

I can't wait to see the Tsunami of law-suits that follow Covid-19.

It's illegal. To much case-law on it already, and this is with vaccinations that are not experimental. All of the Covid vaccinations are 100% experimental and are not FDA approved.

Good way to for the little people to balance things out.
—Taoist—
Just be Tao

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04/08/2021 08:17 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
HIPAA applies to healthcare providers and nobody else.

If I find out that you have AIDS I can go run to TMZ and they can tell everyone on the planet and it's totally legal.

Employers can force you to prove you don't have high blood pressure or diabetes or vision or hearing problems, requiring a vaccination is no different.

And if they want to sell that information to the highest bidder or post it online for free they can do so and it's totally legal.

Your boss can require to to tell him if you have AIDS, and if you say yes he can rent a billboard on I-95 and put your picture up with big red lettering saying "HIV POSITIVE".

And HIPAA will not protect you from any of that.
 Quoting: R. Wordsworth


You have no clue what you are talking about. An employer cannot force you to disclose previous health conditions. Only the health insurance provider can and then of course they are not allowed to release that info to anyone without your approval per HIPPA. God damn, I sign the form who I authorize release to every fucking time I go to the doctor.

Not to mention the annual required training I have to take regarding release and control of PII indicates contrary to what you said.
>>>>>>>>>>>>>>>>>
Forget the red or the blue pill. Take the gold pill.

“How can there be a God, when there is nothing but God.” - Laozi

“Naturalness is called the Way. The Way has no name or form; it is just essence, just the primal spirit.” - The Secret of the Golden Flower.
Larphillips
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04/08/2021 08:29 AM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Nor can the mandate wearing masks per OSHA regulations...
But they did anyway.

When law becomes selective - then there is no law.
 Quoting: Surrealistic Endeavors


This sees to be how the US is currently operating in all circumstances. We’re truly fucked.
“A person is smart, people are stupid.”
“Nobody knows until everybody knows”
burneracct

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United States
04/08/2021 08:33 AM
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Re: An employer cannot ask for Inoculation information per HIPAA law
They can ask you. You have a right to answer or not.

They can not ask your medical provider
burneracct





GLP