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An employer cannot ask for Inoculation information per HIPAA law

 
BigJCPump
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04/07/2021 09:03 PM
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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!
Danger Dan

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04/07/2021 09:07 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
THIS
Always choose dangerous freedom over safe slavery
thinking...

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04/07/2021 09:07 PM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Good point, OP! I never thought of that.
In his poem Human Pride, Marx admits that his aim is not to improve the world, reform or revolutionize it, but simply to ruin it and enjoy it being ruined:

With disdain I will throw my gauntlet full in the face of the world,
And see the collapse of this pygmy giant whose fall will not stifle my ardor.
Then will I wander godlike and victorious through the ruins of the world
And, giving my words an active force, I will feel equal to the Creator.

“Looking for consciousness in the brain is like looking in the radio for the announcer.”

– Nasseim Haramein, Director of Research for the Resonance Project


Normalize every aberrant behavior, bring common all deviancy and let fly the reins of morality and reason, then welcome in that utopia that liberals embrace called communism, that which most Americans with but a shard of ethic would immediately recognize as evil.
 Quoting: judahbenhuer
Anonymous Coward
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04/07/2021 09:10 PM
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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


Can you please present a link evidence for this? I will download and print it out for reference in the future...
Billxam, ABATE, AWHA

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04/07/2021 09:13 PM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Yeah, well when you walk into work and have to fill out the form about your health which you MUST do in Michigan, you're revealing your health information every damned day. Because if you don't in Michigan you are not allowed to work.


Today, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued guidance on how the Health Insurance Portability and Accountability Act of 1996 (HIPAA) >> permits << covered entities and their business associates to use health information exchanges (HIEs) to disclose protected health information (PHI) for the public health activities of a public health authority (PHA).

[link to www.hhs.gov (secure)]

Last Edited by Billxam, MAGA+, ABATE, AWHA on 04/07/2021 09:15 PM
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Zions Fled

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04/07/2021 09:14 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Make it known to everyone.
tkwasny

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04/07/2021 09:15 PM
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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


It is CUI (Controlled Unclassified Information) by federal legal definition.
Zions Fled

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04/07/2021 09:16 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Yeah, well when you walk into work and have to fill out the form about your health which you MUST do in Michigan, you're revealing your health information every damned day. Because if you don't in Michigan you are not allowed to work.


Today, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued guidance on how the Health Insurance Portability and Accountability Act of 1996 (HIPAA) >> permits << covered entities and their business associates to use health information exchanges (HIEs) to disclose protected health information (PHI) for the public health activities of a public health authority (PHA).

[link to www.hhs.gov (secure)]
 Quoting: Billxam, ABATE, AWHA


Perhaps we haven't been as diligent as we should be in not allowing these Draconain practices.
SitAndBreathe

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04/07/2021 09:16 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
I was looking into this today. I'd love to see you're references. I'm not finding it so cut and dry.

[link to www.cdc.gov (secure)]
BigJCPump  (OP)

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04/07/2021 09:17 PM
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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
BigJCPump  (OP)

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04/07/2021 09:18 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
If its tied to you or your "name", its PHI
ITSARICHMANSGAME

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04/07/2021 09:36 PM
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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?
The more I know, the crazier I appear to be.

"THE ONLY WAY TO DEAL WITH AN UNFREE WORLD IS TO BECOME SO ABSOLUTELY FREE THAT YOUR VERY EXISTENCE IS AN ACT OF REBELLION" -ALBERT CAMUS

No brains, no pain.

The Difference Between Stupidity and Genius Is That Genius Has Its Limits
Super deplorable ChugALug

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04/07/2021 09:39 PM

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Re: An employer cannot ask for Inoculation information per HIPAA law
YUP...FACT....THEY CANNOT ...AND IF THEY FORCE YOU TO TELL THEM ..

SUE.....
Romans 14:11 It is written:
“‘As surely as I live,’ says the Lord,
‘every knee will bow before me;
every tongue will acknowledge God.

Revelation 20:15 Anyone whose name was not found written in the book of life was thrown into the lake of fire.
Anonymous Coward
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04/07/2021 09:59 PM
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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.
Fugazi World

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04/07/2021 10:12 PM
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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


Got any links to support this?
Fugazi World
The Gullible Skeptic

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04/07/2021 10:13 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Yup also Roe vs Wade
INTP/8w9 Ennegram

"You can't teach anyone anything but they can choose to learn"
-Me-

"To exist is to destroy"-Me-

"Specialization is for insects"
-Robert Heinlein-

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Truth,Courage,Honor,Fidelity,Discipline,Hospitality,​Self Reliance, Industriousness, Perseverance
Anonymous Coward
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04/07/2021 10:20 PM
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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.
ITSARICHMANSGAME

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04/07/2021 10:22 PM
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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


My biggest problem with your post would be that vision and hearing problems would seem to fall under the protections of the Americans With Disabilities Act.

Last Edited by DEY HATE ME on 04/07/2021 10:22 PM
The more I know, the crazier I appear to be.

"THE ONLY WAY TO DEAL WITH AN UNFREE WORLD IS TO BECOME SO ABSOLUTELY FREE THAT YOUR VERY EXISTENCE IS AN ACT OF REBELLION" -ALBERT CAMUS

No brains, no pain.

The Difference Between Stupidity and Genius Is That Genius Has Its Limits
BigJCPump  (OP)

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04/07/2021 10:32 PM
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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.
Hitman_Hart

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04/07/2021 10:38 PM
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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


hesright
Crypto-Tard

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04/07/2021 11:22 PM

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Re: An employer cannot ask for Inoculation information per HIPAA law
holocaust tattoo
When you are afraid of losing your life, you have already lost your life.

Don't be afraid.
Zovalex

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04/07/2021 11:24 PM
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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


While it’s true that HIPAA will not protect someone from these actions, there are other laws in place that will.

....but you already know that.

I’m posting this for the benefit of the uninformed.

.
“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
ITSARICHMANSGAME

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04/07/2021 11:33 PM
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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


While it’s true that HIPAA will not protect someone from these actions, there are other laws in place that will.

....but you already know that.

I’m posting this for the benefit of the uninformed.

.
 Quoting: Zovalex


For the love of God, man, point us, the uninformed to THOSE laws!
The more I know, the crazier I appear to be.

"THE ONLY WAY TO DEAL WITH AN UNFREE WORLD IS TO BECOME SO ABSOLUTELY FREE THAT YOUR VERY EXISTENCE IS AN ACT OF REBELLION" -ALBERT CAMUS

No brains, no pain.

The Difference Between Stupidity and Genius Is That Genius Has Its Limits
Icguy42

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04/07/2021 11:39 PM

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Re: An employer cannot ask for Inoculation information per HIPAA law
Honest question. Then how is it legal for them to see the results of a drug test for employment or random drug tests?
Nighthaven

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04/07/2021 11:42 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
An attorney once told me that “any employer can let you go and/or fire you at any time and for any reason.” In a “right to work” state like Michigan this much is true and as we continue to lose every single one of our freedoms to the sick fucks who seem to want to control every aspect of our lives, more and more companies will start requiring their employees to be good little obedient drones and get their gene-altering jab or face termination.

I, for one, will NEVER allow some unapproved, experimental cocktail of God only knows what to be injected into my body. There is NO reason to do so. Almost my entire family, including myself, have gotten sick and recovered without any issues whatsoever. This scamdemic has over 99% recovery rate for the vast majority of people and even after that it’s 94% for the very old. Why the fuck should ANYONE be required to have some gene therapy cocktail injected into them save for some insane reason like, oh I don’t know, being able to effectively rewrite their genetic code and potentially make them sterile or more susceptible to other diseases that you know will come along in the future. It is all too perfect of a setup for the elites. They get some fake and harmless saline shot claiming it’s their “vaccine” (and don’t get me started on the fact that there’s no such thing as a true vaccine for viruses) while everyone else gets chemically neutered.

Ultimately, it’s the jab or your job.
Anonymous Coward
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04/07/2021 11:42 PM
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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


Just saying HIPPA protects people is no good. Link to the actually HIPPA Law that states this.


Very important.
Danger Dan

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04/07/2021 11:42 PM
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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


one is a sheep
two is an independent thinker

guess it then depends on the company/job don't ya think
Always choose dangerous freedom over safe slavery
Zovalex

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04/07/2021 11:49 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Just saying HIPPA protects people is no good. Link to the actually HIPPA Law that states this.

Very important.
 Quoting: GlassEyes


It is not HIPPA.

It is HIPAA.

It’s an acronym for the Health Insurance Portability and Accountability Act.

.
“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
ITSARICHMANSGAME

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04/07/2021 11:50 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Honest question. Then how is it legal for them to see the results of a drug test for employment or random drug tests?
 Quoting: Icguy42


GREAT question. Looking forward to the responses.
The more I know, the crazier I appear to be.

"THE ONLY WAY TO DEAL WITH AN UNFREE WORLD IS TO BECOME SO ABSOLUTELY FREE THAT YOUR VERY EXISTENCE IS AN ACT OF REBELLION" -ALBERT CAMUS

No brains, no pain.

The Difference Between Stupidity and Genius Is That Genius Has Its Limits
Anonymous Coward
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04/07/2021 11:50 PM
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Re: An employer cannot ask for Inoculation information per HIPAA law
Just saying HIPPA protects people is no good. Link to the actually HIPPA Law that states this.

Very important.
 Quoting: GlassEyes


It is not HIPPA.

It is HIPAA.

It’s an acronym for the Health Insurance Portability and Accountability Act.

.
 Quoting: Zovalex


The exact part of HIPPA that states this, where in HIPPA is this clause.

It's like saying "The constitution protects me", but not knowing what part protects. It's important to know exactly what part of HIPPA is empower, so people can read it for themselves, and be able to point it out to other.

Hearsay, and ignorance doesn't stand up in the court of law.


I understand what HIPPA is. ;)
ITSARICHMANSGAME

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04/07/2021 11:54 PM
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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


one is a sheep
two is an independent thinker

guess it then depends on the company/job don't ya think
 Quoting: Danger Dan


ABSOLUTELY! But I was trying to illustrate that identifying oneself as an independent thinker also might identify oneself as unvaccinated.
The more I know, the crazier I appear to be.

"THE ONLY WAY TO DEAL WITH AN UNFREE WORLD IS TO BECOME SO ABSOLUTELY FREE THAT YOUR VERY EXISTENCE IS AN ACT OF REBELLION" -ALBERT CAMUS

No brains, no pain.

The Difference Between Stupidity and Genius Is That Genius Has Its Limits





GLP