Something they are hoping you don't consider is the fact that HIPPA does in fact extend to individual persons attempting to access your medical privacy. A violation does not have to just pin the company. You can and should file suit against anyone prying into your personal, private information. And more than likely, the company will try to distance themselves from the employee you are suing. This will flip the script on them when companies start struggling to employ fall guys.
EDIT: I really need to wake up more. The thought came to me so I shared it. You cannot discuss people's medical history or status unless they volunteer it, but even then you can still get in trouble if it turns out said someone didn't want that information volunteered. It does not only apply to medical professionals.
#1 this isnt true. #2 its HIPAA
Yea, HIPAA actually allows this. From the mandate:
"Even if HIPAA is implicated by the employer's disclosure of the OSHA Log, the statue and implementing regulation expressly permits the disclosure of protected health information to the extent required by law. See 45 CFR 164.512(a)."
Except the mandate isn't a law.
Do you think our courts and authorities actually care? It will be argued as law. Everything about regulation is all in our heads and determined at a whim by judges anyways.
Well here's the deal with that: courts are regional. Unless it becomes a Swampreme Court issue, it's irrelevant how one court rules in one place and another in a completely different place. I get that we have all been fooled to assume that because someone gets a verdict in one place that it will be the same everywhere else. That's not the case and these mandates likely will not go any higher than the various state levels.
If they do and the Courts legislate from the bench then... we know things are close to an end...
All the courts are corrupt and will bend to the authorities. Technically, even according to IRS code, only corporations can be income taxed. They will just point to where there are examples written in the code that says "ex: wages", and won't care how much you argue you are are not a corporate individual, but a citizen. They won't even care how much you argue that your net wages is not the same as your income after all the expenses in order to make the money, like how actual corporations work. They won't care that you argue that your paycheck is a barter for your services. They don't give a fuck about anything. Show me a single court that will follow these laws as they are written, and not how the IRS lawyers say it is.
You will go to court and beg them to not call the mandate a law and they will say that it is. Nothing is stopping them from doing it and they have big dogs behind their backs if they don't.
If someone asks for your status and you decline and they try to get an answer, they are liable. There are also provisions that prevent people from discussing other people's medical information.
Threatening to fire someone because they refuse to disclose their status is grounds for a retaliation and/or wrongful termination yes even in the so called "right to work" states.
The key provision of HIPAA in this scenario IMO is the 'necessary for business' part. Theyre trying to assert that covid status is key info which it obviously shouldnt be. Honestly i dont see much of a difference between covid and cooties at this point
And that's why I had this thought. Is to get people thinking. I may have my interpretations confused, and that's fine. We need to start rallying and pushing back in every way possible to end this bullshit.
My understanding is the person doing the asking (about vax status or anything else medically related) can only be sued if they circumvent the person (the employee)and go directly to the medical institution from which the employee obtains medical attention. Here's a scenario to illustrate my experience with HIPAA: A female employee looks as though she is putting on extra weight around the midsection of her body. They employer wants to know if she is pregnant so they can begin planning for the maternity leave absence. The employee in question refuses to disclose her pregnancy status. As a result the employer bypasses the employee and goes directly to her insurance carrier to see if any claims have been paid to an OBGYN as well as any subsequent medical information.
In this scenario, the employee can sue the doctor and/or the insurance carrier if they provide the protected information without authorization.
The simple act of the employer asking the employee if they are pregnant, does not provide the employee with a basis for a law suit.
An employer asking an employee about their vax status is not a violation of HIPAA. If the employer goes around the employee to obtain information about the vax status from a medical provider, and the medical provider gives out the information, then a violation has occurred.
Sadly, unless the patient has read all the documents and waivers they are given when they go to the doctor, they may have inadvertently authorized the release of their medical information to certain people without even realizing it.
"Even if HIPAA is implicated by the employer's disclosure of the OSHA Log, the statue and implementing regulation expressly permits the disclosure of protected health information to the extent required by law. See 45 CFR 164.512(a)."
From hhs.gov site -
Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.
However, if your employer asks your health care provider directly for information about you, your provider cannot give your employer the information without your authorization unless other laws require them to do so.
Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.
"Even if HIPAA is implicated by the employer's disclosure of the OSHA Log, the statue and implementing regulation expressly permits the disclosure of protected health information to the extent required by law. See 45 CFR 164.512(a)."
Provisions under HIPAA are not what you are looking for. Consult the provisions of the Americans with Disabilities Act.
I would think you would not be obligated to volunteer your vaccine status to anyone who asks because it should be a personal decision whether to share your medical information to anyone or not. I hope some lawfags can find a specific answer that would protect us from these demands.
And that's ultimately what this comes down to: the Fourth Amendment which trumps all laws pertaining to "legal" invasion of privacy.
Worked at a hospital today. They asked if I was around anyone w covid. I said no but I was around someone with ebola. They didn't care. The idiocy is astonishing.
Yes but they can literally do nothing if you refuse
Of which they have to provide and they have to be reasonable. Otherwise you can assume discrimination and sue.
Right in other states where they have regulations you are likely to get a more favorable outcome.
These people are just seeing how far they can push and we need to start pushing back.
Not necessarily true. Vaccination status is not HIPAA protected, but it is to be considered “confidential”, per my employer’s legal and benefits departments. This is why employers are allowed to ask for it, but not require you show it (you have the option to refuse and submit to weekly testing).
my daughters doctor asked me while on facetime, any recourse for her? i feel this was nefarious in some way.