Hey all!
I’m doing some research but I really appeciate your input.
I work for a state agency and my state/governor cucked on the vax so they’re implementing a requirement to either take the death shot and post proof to a database or undergo twice weekly testing for coof.
However, first they need to know everyone’s vax status (which is also where you upload vax proof) and the deadline to do that is fast approaching.
I was curious if this is protected info by HIPAA or anything, but when I duckduckgo’d about it of course all I get are msm articles saying “of course your employer can ask that… btw the vax is safe and effective! Get vaxxed because we want you dead and or sterile” so all I found was talk by proven liars.
I’m kinda conflicted, as I don’t want to cede an inch and let them know my status. I will NOT take the clot shot ever and the testing looks unnecessary and poisonous as the spikey “swabs” they tend to use are covered in a carcinogen and also have moving black threads in them? I get the feeling the testing is how they want to kill you if you avoid the vax.
I’m just not 100% sure where my rights are. Do I HAVE to tell them my status? If I do and get terminated for refusing the testing do I lose any legal standing for grounds to sue on or is it the opposite and I lose standing if I don’t tell them because they can legally ask but can’t legally force the testing (which I read is Emergency Use Authorized)?
Trying not to dox myself, so if different states have different answers, that’d be good to know.
In any case, I’m resolved that I’ll probably be terminated over this and will need to look for new employment, but I won’t cede anything without a fight.
Thanks!
I would refuse to answer the Vax Status but tell them you are willing to do the bi weekly test if it involves the saliva test. Screw that nasal swab and see what they say....I just told you my plan others will have there own opinion! P.S. The saliva test involves spitting into a tube, nothing foreign entering the body! Some may freak out at DNA collection but hell they can get that from many of things! Good Luck and keep us Posted!
I wouldn't cede the territory of privacy by submitting to testing. "Sick until proven healthy" is not much different than "Guilty until proven innocent" - no harm, no foul.
Tell them you won't be subjected to either and threaten to sue.
Mandates are not laws.
Compelling someone to undergo medical procedures or experiments violates the Nuremberg Code.
Forcibly restricting peoples constitutional freedoms violates the constitution.
No you don’t have to tell him your status
No you don’t have to take tests
Never disclose anything
My body my choice
Hold the line and you’ll have a lawsuit just like everybody else. They’re just gonna see if you cave. You don’t have to do anything. Nobody can make you do anything. You’re either going to capitulate or not
I don't have the answer... only input on what the company I am involved with said... They said that in their opinion the mandate did violate HIPAA but they didn't say whether they had consulted legal or anything. Sorry no more details but I don't really want to doxx that company...
A clinton appointed Judge blocked the vax mandate in New York, that could happen in your state too. Apply for religious exemption, and tell them you'll do their weekly testing. If they start trying to shove that qtip garbage up your nose, say NO and demand non invasive testing. Document everything, ask if they are liable should the vaccine harm you.
Vax 'religious exemption' docs available here:
https://news.gab.com/2021/07/29/important-download-covid-vaccine-religious-exemption-documents-here/
Company vax requirement = felony for "dispensing medical advice without a medical license"
America's Frontline Doctors is leading the charge pushing back on vax mandates and have a class-action lawsuit in progress fighting this tyranny of citizens being subjected to taking an EXPERIMENTAL, DANGEROUS poison shot that's in violation of the 1947 Nuremberg Code (international law) - see law definition here: https://media.tghn.org/medialibrary/2011/04/BMJ_No_7070_Volume_313_The_Nuremberg_Code.pdf
Here's the America's Frontline Doctors website with info on how to get legal help & join their class-action lawsuit:
https://americasfrontlinedoctors.org/legal/vaccines-the-law/
Below are a couple of legal methods to push back on employer-mandated COVID vax shots (brought to you by Constitutional lawyer Sidney Powell):
Assumption of Liability by your employer (forcing the employer to sign a legal document stating the company is liable for any/all medical risks caused by forcing employees to take the faux vaccine)
Religious exemption
Legal document templates are provided here: https://defendingtherepublic.org/covid/
What actions constitute a HIPPA privacy act violation:
https://www.hipaajournal.com/what-is-a-hipaa-violation/
Overall employer access to private medical info & circumstances allowing employers to acquire limited healthcare information about employees (from Alberta, CA journal - may not all be valid in USA):
https://www.lawnow.org/privacy-and-medical-information-in-the-workplace/
Common types of HIPAA violations & lists of massive penalty fines from cases against companies who failed to conduct organization-wide risk analysis, impermissible Personal Health Information disclosures, and other types of violations:
https://www.hipaajournal.com/common-hipaa-violations/
Here's where you can file a HIPAA complaint to HHS online re: medical privacy violations (filing a complaint launches an investigation): https://www.hhs.gov/hipaa/filing-a-complaint/index.html
OCR (Office for Civil Rights) under HHS is responsible for enforcing HIPAA laws and they can pursue fines and obtain monetary damages against violators of HIPAA rights. Companies may also be directly criminally liable under HIPAA in accordance with "corporate criminal liability."
https://www.ama-assn.org/practice-management/hipaa/hipaa-violations-enforcement
U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is responsible for enforcing the HIPAA Privacy and Security Rules.
OCR enforces the Privacy and Security Rules in several ways:
· Investigating complaints filed with it
· Conducting compliance reviews to determine if covered entities are in compliance
· Performing education and outreach to foster compliance with the rules' requirements
OCR reviews the information that it gathers. In some cases, it may determine that the covered entity did not violate the requirements of the Privacy and Security Rules. In the case of noncompliance, OCR will attempt to resolve the case with the covered entity by obtaining:
· Voluntary compliance
· Corrective action and/or
· Resolution agreement
Failure to comply with HIPAA can also result in civil and criminal penalties. If a complaint describes an action that could be a violation of the criminal provision of HIPAA, OCR may refer the complaint to the Department of Justice (DOJ) for investigation.
Civil violations In cases of noncompliance where the covered entity does not satisfactorily resolve the matter, OCR may decide to impose civil money penalties (CMPs) on the covered entity.
CMPs for HIPAA violations are determined based on a tiered civil penalty structure. The secretary of HHS has discretion in determining the amount of the penalty based on the nature and extent of the violation and the nature and extent of the harm resulting from the violation. The secretary is prohibited from imposing civil penalties (except in cases of willful neglect) if the violation is corrected within 30 days (this time period may be extended at HHS’ discretion).
Penalties for civil violations HIPAA violation: Unknowing Penalty range: $100 - $50,000 per violation, with an annual maximum of $25,000 for repeat violations
HIPAA violation: Reasonable Cause Penalty range: $1,000 - $50,000 per violation, with an annual maximum of $100,000 for repeat violations
HIPAA violation: Willful neglect but violation is corrected within the required time period Penalty range: $10,000 - $50,000 per violation, with an annual maximum of $250,000 for repeat violations
HIPAA violation: Willful neglect and is not corrected within required time period Penalty range: $50,000 per violation, with an annual maximum of $1.5 million
Criminal penalties Criminal violations of HIPAA are handled by the DOJ. As with the HIPAA civil penalties, there are different levels of severity for criminal violations.
Covered entities and specified individuals, as explained below, who "knowingly" obtain or disclose individually identifiable health information, in violation of the Administrative Simplification Regulations, face a fine of up to $50,000, as well as imprisonment up to 1 year.
Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to 5 years in prison.
Finally, offenses committed with the intent to sell, transfer or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000 and imprisonment up to 10 years.
Covered entities Criminal penalties for HIPAA violations are directly applicable to covered entities (CE) including:
· Health plans
· Health care clearinghouses
· Health care providers who transmit claims in electronic form
· Medicare prescription drug card sponsors
Individuals such as directors, employees or officers of the CE (where the CE is not an individual) may also be directly criminally liable under HIPAA in accordance with "corporate criminal liability." Where an individual of a CE is not directly liable under HIPAA, they can still be charged with conspiracy or aiding and abetting.
Interpreting “knowingly” The DOJ interpreted the "knowingly" element of the HIPAA statute for criminal liability as requiring only knowledge of the actions that constitute an offense. Specific knowledge of an action being in violation of the HIPAA statute is not required.
Exclusion from Medicare HHS has the authority to exclude from participation in Medicare any CE that was not compliant with the transaction and code set standards by Oct. 16, 2003 (where an extension was obtained and the CE is not small) (68 FR 48805).
· HIPAA enforcement
· HIPAA security rule compliance
· Top tips for physicians (PDF)
This resource is provided for informational and reference purposes only and should not be construed as the legal advice of the American Medical Association. Specific legal questions regarding this information should be addressed by one's own counsel.