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Posted on 5/19/21 at 4:03 pm to Wiseguy
quote:
our employer is not bound by HIPAA
THAT IS BLATANTLY FALSE
Your employer cannot disclose protected health information
Posted on 5/19/21 at 4:43 pm to BobBoucher
quote:
I would think so, but I’ll add that day cares and schools require immunization records. So there is a precedent.
Not every state. Kentucky schools cannot require proof of immunization for enrollment in public school. Private business may be different.
Posted on 5/19/21 at 5:25 pm to dafif
quote:Um, no it's not. HIPAA only applies to covered entities. Your employer is likely not one of these unless they have an on site clinic or pharmacy.
our employer is not bound by HIPAA
THAT IS BLATANTLY FALSE
quote:Of course they can
Your employer cannot disclose protected health information
Posted on 5/19/21 at 5:28 pm to AlxTgr
Eh. State law is likely going to apply. Most employers couldn’t tell their workers that a specific co-worker had Covid. They can’t tell you that your cubicle neighbor has XYZ condition or is taking a drug.
Posted on 5/19/21 at 5:45 pm to AlxTgr
quote:
Um, no it's not. HIPAA only applies to covered entities
Will you tell that to the EEOC investigating the employer for sending an email about an employee with Covid because I’m sure they will drop the case when you tell them.
Are you a lawyer? Do you specialize in ADA and/or EEOC law? Sheesh.
I find it amazing the ability of posters with no actual knowledge continually posting like they are experts
This post was edited on 5/19/21 at 5:47 pm
Posted on 5/19/21 at 5:46 pm to dafif
quote:
our employer is not bound by HIPAA
THAT IS BLATANTLY FALSE
Your employer cannot disclose protected health information
Sorry. You are mistaken. Unless you work for a health insurance company, a healthcare clearinghouse, or a healthcare provider who stores or transmits protected healthcare information electronically, your employer is not covered by HIPAA. But do t take my word for it. Go ask an employment attorney or a healthcare attorney. There are other laws (ADA, etc) that control what an employee can do related to healthcare information of employees.
Fun fact- notice the little specifier about healthcare providers who store or transmit pt healthcare information electronically? That means some healthcare providers could not be covered by HIPAA. It would be a rare provider- one who does not bill insurance and only keeps paper health records, but it is possible.
Posted on 5/19/21 at 5:52 pm to dafif
quote:Considering how little you know about this, i dare not comment because you likely have a lot of this wrong.
Will you tell that to the EEOC investigating the employer for sending an email about an employee with Covid because I’m sure they will drop the case when you tell them.
quote:Yes.
Are you a lawyer?
quote:No, but deal with HIPAA on a daily basis and unfortunately have to educate health care providers and other lawyers on it almost monthly.
Do you specialize in ADA and/or EEOC law? Sheesh.
quote:Ironic post is ironic.
I find it amazing the ability of posters with no actual knowledge continually posting like they are experts
Posted on 5/19/21 at 5:52 pm to Wiseguy
quote:YUP
That means some healthcare providers could not be covered by HIPAA.
Posted on 5/19/21 at 5:54 pm to Wiseguy
I represent a trucking company owner who sent an email to employees regarding an employee with covid. A complaint was filed. Florida EEOC is investigating the allegation and mediation is scheduled.
Are you going to be my expert? Tell them they are completely wrong.
Good lord... the legal issue is whether covid fits within the ada for a medical condition that’s permanent and, if not is disclosing not a violation.
Also, please tell the other lawyer his claim is baseless.
Again... are you a frickin attorney
ETA from the EEOC website on covid
Are you going to be my expert? Tell them they are completely wrong.
Good lord... the legal issue is whether covid fits within the ada for a medical condition that’s permanent and, if not is disclosing not a violation.
Also, please tell the other lawyer his claim is baseless.
Again... are you a frickin attorney
ETA from the EEOC website on covid
quote:
. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.
This post was edited on 5/19/21 at 6:32 pm
Posted on 5/19/21 at 6:03 pm to BobBoucher
quote:
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
I doubt it has to go that far. If it's a public school, then they already know and wouldn't even challenge you on it except to be obstinate. Their superiors know better and it will never get that far. As far as private daycares and schools, anecdotal but I can tell you that I was going to send my kid to a private Pre-K here in St Tammany Parish. At first they resisted my attempts to enroll my kid. Once they consulted with their attorney they apologized and accepted her.
Like I said, it's not just that immunization are optional for the school. It's literally against the law for them to deny enrollment due to refusal to provide proof of vaccination.
This post was edited on 5/19/21 at 6:04 pm
Posted on 5/19/21 at 7:00 pm to dafif
quote:
Good lord... the legal issue is whether covid fits within the ada for a medical condition that’s permanent and, if not is disclosing not a violation.
Ok. That’s ADA. Not HIPAA. I never said employees don’t have any protections. Just that they don’t come from HIPAA.
Posted on 5/19/21 at 7:56 pm to dafif
quote:bwahahaha. Dumbass.
in compliance with the ADA.
Posted on 5/19/21 at 8:24 pm to AlxTgr
quote:
bwahahaha. Dumbass.
I really hope nobody is paying him for legal expertise.
Posted on 5/19/21 at 8:25 pm to the808bass
And if a person declines the worst that can happen is they deny entry correct?
Someone told me their friend couldn’t go to see her neurologist until the were vaccinated. I mean ..
Someone told me their friend couldn’t go to see her neurologist until the were vaccinated. I mean ..
Posted on 5/19/21 at 8:27 pm to GCTigahs
(no message)
This post was edited on 5/19/21 at 8:29 pm
Posted on 5/19/21 at 8:38 pm to nola000
Louisiana Revised Statute 40:§31.14. Authorization of release of immunization records
quote:
RS 40:§31.14. Authorization of release of immunization records
A. Notwithstanding any provision of law to the contrary, immunization records for use in an immunization registry shall not be considered privileged communications between a healthcare provider and patient when such records are used in accordance with the provisions of this Part. The Louisiana Department of Health, public health units and their agents, providers, parents or guardians, schools, and early learning centers may obtain information from, or provide information to, the immunization record of a client of any immunization registry without the written consent of a client.
B. A provider, a public health unit, the Louisiana Department of Health, or the agents of any of them, schools, and early learning centers shall not be subject to an action or be liable for sharing information from the immunization record or using information from the immunization tracking and recall record for purposes of tracking immunizations of clients and for outreach to clients who have missed immunizations.
C. Information in an immunization registry or in the immunization tracking and recall record or derived therefrom is confidential and shall not be disclosed to any person who is not specifically authorized to receive information under this Part.
Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.
Posted on 5/20/21 at 3:33 pm to Indefatigable
quote:
quote: Do they have the right to ask me for proof of vaccination? Yep
I think this is much a do about nothing, employees in most retail stores will not enforce these rules. They don’t get paid enough to care or risk the confrontation.
Posted on 5/20/21 at 3:55 pm to tommy2tone1999
HIPAA Title I (insurance portability among other things) went into effect in 1996. Title II (the privacy part among other things) was April, 2003. Kind of supersedes anything La did in 1995 or 2019.
This post was edited on 5/20/21 at 4:06 pm
Posted on 5/20/21 at 4:08 pm to Diamondawg
Do you even know what the 10th Amendment is?
Also, THIS
Also, THIS
quote:
Each state’s public school system has a child vaccination requirement. Under these requirements, children enrolled in public schools must submit immunization or vaccination records, showing immunization against diseases such as measles, mumps, and polio. HIPAA vaccine records law addresses the issue of when covered entities may share vaccination records with public schools.
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