My response was essentially, "I can do it, but we will need to explain why we are going against CDC guidelines or else I see a mass problem on our hands. Can you get that reasoning for me so I can share it?"
A few hours later, the request for the memo was rescinded. Big win in my book.
HIPAA only affects drs and nurses. Only drs and nurses are bound by HIPAA and arent allowed to pass out patients information... Edit: it only applies to people who actually HAVE your private medical info. It does not have anything to do with you telling another person about your own medical history. It's simply to stop someone from calling into your drs office and asking them about some other persons history... Pretending like HIPAA stops a company from asking YOU to divulge your own information is nonsense.
You are wrong. It involves EVERYBODY in EVERY profession...hint, I am old and have been in medical sales since before the HIPPA law was created...
No person or entity is exempt...period
This gets the "Liar, Liar Pants on Fire" snopes flair. The law was originally written for insurance companies and healthcare providers, but extended to anyone that handles private medical data, primarily concerned with paper records. The follow-on HITECH Act covers any entity that stores private medical data in an electronic system. Source: I'm a certified auditor.
Seriously, we should start raking corporations over the coals on this one and demanding HIPAA and HITECH audits of their HR systems if they're trying to do this.
Someone posted here the other day who’s work involved hipaa law and that it absolutely was not just for doctors and nurses, but the public in general.
yeah the IT guy who works on a Dr's computer has to sign things re: HIPAA. I'm guessing if you found a patient's medical record file on the street you'd be bound by HIPAA not to do whatever it is you can't do with Px information.
True. It is my choice who I will share my personal medical history and I choose not to share.
You are correct. HIPPA is not in view here. But, there may be other privacy issues in play that have legal merit. The ADA can be expanded to fit the circumstance as well as GINA. Each state has there own regulations with regard to how private medical information of employees are handled. This is an area right now that is grey and will only be settled through litigation to fine tune it. It would come under an employers responsibilities to use general care to protect an employee's medical status.
If a person voluntarily gives their status to another person that is one thing. But, an employer cannot generally force an employee to divulge their medical status nor can the employer divulge private medical information once obtained without written authorization to do so. Medical records in certain circumstances, like in health care settings, can be requested by an employer - such as vaxine status. Those records must be maintained securely and are not kept as part of employee's work records. This is mostly defined through state regulation and not part of Federal mandate. For most states these private records held by a company cannot be released without the employee's consent except in certain legal circumstances such as by subpoena or other legal mechanism or in the case of medical emergency. The biggest threat to employers is getting sued by an employee for the release of this information.