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Posted on 5/19/21 at 9:19 am to LSU6262
What conservatives don't understand is your rights only protect you so much as you are willing to stand for them. Do we all have a God-given inalienable right to privacy? Yes. Do you also have rights related to your health and health privacy? Yes. Will that stop the govt and others from violating your rights? Only if you tell them "No"
Posted on 5/19/21 at 9:54 am to Teddy Ruxpin
quote:
I blame OP for setting the standard, but friendly reminder it is HIPAA, not HIPPA. If you're one letter away from spelling HIPPO, you're going the wrong direction.
At this point, I'm rolling with it
Posted on 5/19/21 at 10:04 am to BobBoucher
quote:
I didn’t downvote you. I’ve had to produce shot records for multiple daycares for my kiddos over the years.
It would seem it’s up to the establishment, and not against HIPAA
I didn't say anything about Hipaa.
I said that you were not required, by law, to provide proof of immunization in the state of Louisiana and many, many other states. In the state of Louisiana there are medical, religious and philosophical exemptions to providing immunization. This applies to both daycares and educational institutions both public and private.
Not only are immunizations not required by law in the state of Louisiana the above-named institutions are specifically prohibited by law from requiring it if one if the above exemptions apply.
Look, it's really not difficult to look up the laws of your state. If you are unaware why would you bother arguing with somebody who sound so sure of himself? Wouldn't you at least take a looksey? Or do you double down in ignorance?
Anecdotal stories of your school requiring it are incredibly naive. Do you always trust government employees to know the law? They routinely don't in my experience.
This post was edited on 5/19/21 at 10:30 am
Posted on 5/19/21 at 10:04 am to Icansee4miles
quote:
My employer believes they have the right to ask employees if they are vaccinated or not, without violating HIPAA.
They do.
Posted on 5/19/21 at 10:23 am to Indefatigable
quote:
My employer believes they have the right to ask employees if they are vaccinated or not, without violating HIPAA.
Can they ask if you're pregnant? Because I've been told no as a hiring manager.
Do you have Hepatitis? Do you have AIDS? Do you take anti depressants? What's your blood pressure?
Can I also ask those questions?
Posted on 5/19/21 at 10:29 am to Indefatigable
quote:
They do.
Eh. It will get litigated out.
If an employee declines to answer or declines to answer why they aren’t getting vaccinated, all other sorts of issues arise.
Posted on 5/19/21 at 10:29 am to LSUfan20005
They can ask some of these question. Some they can not, but not because of HIPAA.
For example, they can ask about hepatitis/AIDS if you work in a job where you come in contact with people who could possibly contract from you.
Anti-depressants? Possibly protected by ADA.
For example, they can ask about hepatitis/AIDS if you work in a job where you come in contact with people who could possibly contract from you.
Anti-depressants? Possibly protected by ADA.
Posted on 5/19/21 at 10:29 am to LSUfan20005
quote:
Can I also ask those questions?
They can ask you whatever questions they want for the most part. It’s up to you whether or not you want to provide your own personal medical information.
Smart businesses and smart Hr departments don’t do that for obvious reasons.
This post was edited on 5/19/21 at 10:30 am
Posted on 5/19/21 at 10:29 am to jonnyanony
More importantly you can always decline to answer or just lie if you prefer.
Posted on 5/19/21 at 10:44 am to AUX3
quote:
Why do people think these vaccines are one and done?
Because so far all evidence points to long term immunity to coronaviruses. SARS immunity is up to 17 or so years now for instance.
This post was edited on 5/19/21 at 10:45 am
Posted on 5/19/21 at 10:46 am to jonnyanony
This seems like a good place to ask this question, as this just came about in an email last night from a local, BR establishment:
"In a breath of fresh air, as of May 13, 2021, the CDC has lifted the masking recommendation for FULLY VACCINATED adults. Accordingly, "Company" is changing our masking requirements.
Fully Vaccinated Visitors (two weeks after your final dose)
• Masks are now optional for fully vaccinated visitors to "Company".
Unvaccinated Visitors
• Should continue to properly wear masks at all times while inside the facility.
• Maintain social distancing of 6 ft. from other visitors
Do they have the right to ask me for proof of vaccination?
"In a breath of fresh air, as of May 13, 2021, the CDC has lifted the masking recommendation for FULLY VACCINATED adults. Accordingly, "Company" is changing our masking requirements.
Fully Vaccinated Visitors (two weeks after your final dose)
• Masks are now optional for fully vaccinated visitors to "Company".
Unvaccinated Visitors
• Should continue to properly wear masks at all times while inside the facility.
• Maintain social distancing of 6 ft. from other visitors
Do they have the right to ask me for proof of vaccination?
Posted on 5/19/21 at 10:47 am to lsugerberbaby
They can ask. Just decline to provide it.
Posted on 5/19/21 at 10:49 am to nola000
quote:
If they choose terrible business practice and policy they're choosing not to do business with me and millions like me. Their choice.
I have walked in places and was asked to put on a mask. I said no thank-you and walked out. Their choice to require a ask and my choice not to do business there.
Posted on 5/19/21 at 10:50 am to lsugerberbaby
quote:
Do they have the right to ask me for proof of vaccination?
Yep
Posted on 5/19/21 at 11:19 am to LSU6262
So much misunderstanding in the thread. HIPAA does not stop anyone from asking you about anything. Likewise it also does not stop you from providing your personal medical information to anyone. It prevents healthcare providers and their business associates who have access to your records (think electronic medical records vendors, billing contractors, etc) from releasing that information to anyone without your permission. There are a few exceptions- for example insurance companies need to know when you are seen and for what to be able to pay the claim, so your provider can release that information to your insurance company.
Your employer is not bound by HIPAA unless you work in healthcare or a healthcare related field. Amd then, HIPAA applies to you only if you are receiving medical care from your employer, not in your role as an employee. Employers are subject to Equal Employment Opportunity Commission rules and regulations. These are designed to protect people being discriminated against if they fall in a protected category. Race, sex, age, nationality, sexual orientation are all examples of protected classes. Being immunized/not immunized is not. So an employer can ask about your immunization status and can likely legally use it to discriminate against you. I’m sure that battle will play out in a courtroom somewhere soon.
Lastly- HIPAA only applies to schools if they have medical services available at school (a clinic or pharmacy). Otherwise they are bound by FERPA which protects student information from being released, including medical information the school has.
Your employer is not bound by HIPAA unless you work in healthcare or a healthcare related field. Amd then, HIPAA applies to you only if you are receiving medical care from your employer, not in your role as an employee. Employers are subject to Equal Employment Opportunity Commission rules and regulations. These are designed to protect people being discriminated against if they fall in a protected category. Race, sex, age, nationality, sexual orientation are all examples of protected classes. Being immunized/not immunized is not. So an employer can ask about your immunization status and can likely legally use it to discriminate against you. I’m sure that battle will play out in a courtroom somewhere soon.
Lastly- HIPAA only applies to schools if they have medical services available at school (a clinic or pharmacy). Otherwise they are bound by FERPA which protects student information from being released, including medical information the school has.
Posted on 5/19/21 at 11:22 am to Indefatigable
Our HR dept made us sign an affidavit declaring if we were a tobacco user or not. Depending on how you answered determined how much you paid for health insurance. And I imagine that if someone signed that they were not a tobacco user and turns out you develop a medical condition due to tobacco use, they will deny you coverage and lawyers will fight it out in court.
What is there to prevent them from doing the same thing with the vaccine?
What is there to prevent them from doing the same thing with the vaccine?
Posted on 5/19/21 at 11:26 am to nola000
quote:
If you are unaware why would you bother arguing with somebody who sound so sure of himself? Wouldn't you at least take a looksey? Or do you double down in ignorance?
For me it was daycare, not school. And I have the option to choose a different one if I don’t like it.
The wife and I were incredibly picky on the daycare. And the good ones required shot records. Nothing naive about that.
I’m not about to hire an attorney to force a daycare to take my kid.
This post was edited on 5/19/21 at 11:30 am
Posted on 5/19/21 at 11:27 am to GCTigahs
quote:
What is there to prevent them from doing the same thing with the vaccine?
Nothing, and I would be surprised if such a case was not already on the docket somewhere.
Posted on 5/19/21 at 11:28 am to CDawson
quote:
Which businesses may very well being doing soon when the vaccine is mandated or you’re not allowed to work or travel.
Businesses are already struggling to find enough staff because we are paying people to sit home on their arse. If you think they are going to further cut staff that’s willing and able to work but refuses a vaccine, you’re in for a surprise.
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