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re: Should businesses have the right to turn away those who can't prove they were vaccinated?

Posted on 2/26/21 at 12:19 pm to
Posted by ngadawg250
Northwest Georgia
Member since Nov 2012
1000 posts
Posted on 2/26/21 at 12:19 pm to
quote:

i guess you didnt see the gay wedding cake debacle did you.


Yes..I saw it
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64509 posts
Posted on 2/26/21 at 12:19 pm to
quote:

Should businesses have the right to turn away those who can't prove they were vaccinated?

Should they have the right? Sure. They should have the right to turn away business from anyone they chose. If it hurts their bottom lines, well that's on the business.
Posted by Perse
I identify: LGBFJB
Member since Oct 2020
1472 posts
Posted on 2/26/21 at 12:20 pm to
I've said it before and I'll say it again. Businesses should be allowed to open up and run their business as they see fit. As long as they are not breaking any laws, they should be able to do so. Those who choose not to do what it takes to make customers feel safe, risk losing potential revenue. Customers can also choose where they shop. This used to be a free country...
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64509 posts
Posted on 2/26/21 at 12:22 pm to
quote:

Fixed it for you.


How and why do you think a business would be bound by HIPAA for a prospective customer? If the customer provides a vaccination verification to the business, they would be consenting to the company receiving that information. If they don't provide it to them, the company doesn't receive that information. Refusing business to someone who isn't vaccinated doesn't insinuate that any medical information provided to them would be disseminated to anyone else, which would be the only way any HIPAA laws would or could be broken in this scenario
This post was edited on 2/26/21 at 12:24 pm
Posted by ShakeandBake
Member since Aug 2019
1160 posts
Posted on 2/26/21 at 12:22 pm to
So unless I've missed something, the CDC, arbiter of truth that they are, says they don't know if the vaccine prevents transmission of the virus to others.

If it doesn't prevent transmission to others and simply prevents a bad case of C19 if you get the virus then who cares who has been vaccinated?

What it will tell me is where I should spend my money.

Posted by fjlee90
Baton Rouge
Member since Nov 2016
7834 posts
Posted on 2/26/21 at 12:23 pm to
quote:

Where is it a HIPPA violation?

Schools require proof of vaccination.

Is that a HIPPA violation?


Yeah. If there is one thing you should know, a lot of people on this board do not understand HIPPA.

And if schools can require it, so can businesses. Take your business elsewhere.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/26/21 at 12:24 pm to
quote:

quote:

Should businesses have the right to turn away those who can't prove they were vaccinated?
businesses should be able to turn anyone away. If you don’t want my unvaccinated money someone else will take it.
I agree with this answer, but it is an ideological question ("should"), rather than a legal one.

Whether businesses ARE ALLOWED to do so is not ideological, but rather a question under existing law. HIPAA may indeed play a role in that analysis.
This post was edited on 2/26/21 at 12:38 pm
Posted by Perse
I identify: LGBFJB
Member since Oct 2020
1472 posts
Posted on 2/26/21 at 12:24 pm to
quote:

I assume you support voter ID requirement laws?

Imagine the clown world where you need a Wuhan Flu card to enter a sporting event, but can vote without an ID.


Don't forget the DMV's Real ID, it's due to start Oct of this year.
Posted by CGSC Lobotomy
Member since Sep 2011
79992 posts
Posted on 2/26/21 at 12:25 pm to
quote:

Where is it a HIPPA violation?

Schools require proof of vaccination.

Is that a HIPPA violation?


It is the Health Information Privacy and Accessibility Act

ONE P, TWO A'S

As to the question, there are currently no transactions allowed to require PHA for completion.

You can't require someone to give their social security number to purchase a concert ticket so why would you be allowed to require a proof of vaccine?
This post was edited on 2/26/21 at 12:25 pm
Posted by greygoose
Member since Aug 2013
11438 posts
Posted on 2/26/21 at 12:25 pm to
Great way to run a business into the ground.
Posted by CGSC Lobotomy
Member since Sep 2011
79992 posts
Posted on 2/26/21 at 12:26 pm to
quote:

a lot of people on this board do not understand HIPPA.


Clearly neither do you if you spell it with two P's.
Posted by Wildcat1996
Lexington, KY
Member since Jul 2020
5914 posts
Posted on 2/26/21 at 12:26 pm to
Counterfeitting vaccine cards from the CDC could be done by a 10yr old. There is no way to enforce this.
Posted by RD Dawg
Atlanta
Member since Sep 2012
27297 posts
Posted on 2/26/21 at 12:30 pm to
quote:

You can't require someone to give their social security number to purchase a concert ticket so why would you be allowed to require a proof of vaccine?


WTF does one have to do with other?
Posted by Ailsa
Member since May 2020
3563 posts
Posted on 2/26/21 at 12:31 pm to
quote:

Should they have the right? Sure. They should have the right to turn away business from anyone they chose.


That would be discrimination.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/26/21 at 12:33 pm to
quote:

quote:

Where is it a HIPPA violation?

Schools require proof of vaccination.

Is that a HIPPA violation?
It is the Health Information Privacy and Accessibility Act
Close. You got the "Health" and "Act" parts.

Health Insurance Portability and Accountability Act of 1996. Yes, it does include privacy provisions. Don't feel bad. Almost no one understands HIPAA.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/26/21 at 12:35 pm to
quote:

a lot of people on this board do not understand (the Act).
So very true.

People toss the name of the Act around like some sort of magic talisman. Most have absolutely no understanding of whether the Act applies or not.

HIPAA is focused upon preventing third-parties who are in POSSESSION of a person's ("Patient") protected health information ("PHI") from improperly disclosing that information. I am not aware of anything in the Act which prohibits a FOURTH party from REQUESTING health information OR from denying services to a Patient who declines to share that PHI. The decision lies with the patient.
This post was edited on 2/26/21 at 12:43 pm
Posted by Zach
Gizmonic Institute
Member since May 2005
112423 posts
Posted on 2/26/21 at 12:35 pm to
Yes. They should also have the right to turn away those who are black, gay, red headed or anything else. It's called freedom.
Posted by CGSC Lobotomy
Member since Sep 2011
79992 posts
Posted on 2/26/21 at 12:38 pm to
quote:

Almost no one understands HIPAA.


I'm no legal analyst. I'm primarily focused on the enforcement of protecting PHA through HIPAA.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64509 posts
Posted on 2/26/21 at 12:41 pm to
quote:

HIPAA may indeed play a role in that analysis.

why do you think this?
Posted by CGSC Lobotomy
Member since Sep 2011
79992 posts
Posted on 2/26/21 at 12:45 pm to
quote:

Most have absolutely no understanding of whether the Act applies or not.


It applies clearly because of the current lack of safeguards and enforcement both with certain venues and third party ticketing agencies in protecting transmission and storage of PHA.

Many of the ticket sites are operating on TLS 1.0 and 1.1 which have massive security flaws as opposed to TLS 1.3.

The reason schools can have certain PHA is that the regulatory agencies make it very clear how that information can be collected, stored and transmitted.
This post was edited on 2/26/21 at 12:47 pm
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