Medical/legal pedes, have the protections of HIPAA been suspended for the scamdemic response? It was my understanding that it is illegal to even ask someone about their personal medical information.
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I remember reading of an employer trying to force an antivaxer to wear a mask. This was pre-covid. Her lawyer said it was a violation of HIPAA because with company policy, her coworkers would know her vax status.
A lot of lawyers talk out their ass ... same as doctors.
Just sayin'.
Can’t argue with that. I started to refer to him as liar but didn’t want to make it look like they lost. I think the company backed down if that can be considered a win. I don’t know what would happen in this political climate.
In this case, the lawyer is correct. If anyone seeks your healthcare information, under HIPAA and other laws, they have to disclose several pieces of information to you as part of the request for information, and they have to provide a healthcare information privacy notice.
Your employer is almost certainly a "covered entity" with regards to HIPAA, as a "business associate" of their insurance company. Even if they are not, they probably need to get you to sign a waiver before they can ask you to disclose any confidential personal or health information, due to privacy laws.
Where most employers are going to get mixed up is in liability for illness in the workplace. If they are taking responsibility for one disease, they are probably exposing themselves to liability to all (or at least, all similar) disease. If they do not accept liability (assume consequences of risk) for, say, COVID, then they have no need for that information. If they do accept liability, well, get a lawyer.
Can you cite the section of HIPAA that says employers must do that?
Since the employer is "out of the loop" when it comes to a health care provider billing an insurance company, I would say your statement is wrong.
Again, can you cite the specific clause of the HIPAA statute that supports your claim? It has been a couple of years since I read it, and I don't remember anything having to do with employers, in general. But maybe you can show me that I am wrong.
Intersting angle, and this would have nothing to do with HIPAA.
Would be interesting if someone takes the "jab" due to coersion by employer, dies, and then employer (but not drug maker) gets sued.
Would be VERY interesting case -- and I would not be surprised if it happens. Have no idea how any particular judge or jury would rule on that, though.