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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 12:47 pm to lsufball19
Posted on 2/26/21 at 12:47 pm to lsufball19
quote:People will argue that HIPAA gives them the right to decline to provide information about themselves which they believe to be PHI. I tend to agree that a person/patient can decline to provide any information that they wish to decline to provide.
why do you think this?
The rub lies in whether a fourth-party (for instance, the owner of a dance or sport venue) can decline entry to a person/patient who refuses to disclose their own protected health information. I am not aware of any statutory prohibition on such a condition for entry on a premises.
AGAIN, the FOCUS of the privacy provisions of HIPAA was to prevent THIRD parties from disclosing a patient's PHI without the patient's consent. That concern does not apply here.
This post was edited on 2/26/21 at 12:51 pm
1
Posted on 2/26/21 at 12:47 pm to RD Dawg
Were you asked to prove you had a Flu shot before, because that's all this is.
Posted on 2/26/21 at 12:48 pm to AggieHank86
quote:
AGAIN, the FOCUS of the privacy provisions of HIPAA was to prevent THIRD parties from disclosing a patient's PHI without the patient's consent. That concern does not apply here.
Oh yes it does. You're leaving out one key component: Terms of service/terms of use.
Recall the browsewrap part of the Zappos case in which they attempted to claim that users signed on to any changes and amendments which was found to be unenforceable and illegal.
Example: Stubhub adds a provision in its terms of service regarding their rights to your medical data after you provide it and doesn't inform you, then sells that info to a third and fourth party.
This post was edited on 2/26/21 at 12:50 pm
Posted on 2/26/21 at 12:49 pm to The Boat
You can be vaccinated and still be a carrier. I expect you will see this from airlines, cruises, and some sporting venues. Or at least requirements that you pay for and take a rapid test if you can't show you are vaccinated.
Posted on 2/26/21 at 12:49 pm to CGSC Lobotomy
quote:I THINK you are arguing that HIPAA would prohibit the venues from SHARING a customer's PHI (vaccination status?) if they do gather and store it.
CGSC Lobotomy
I think that is a valid analysis.
But I do not believe that the Act prohibits them from REQUESTING the info OR from conditioning entry onto the premises upon provision of the info. If you disagree, please link the language on which you rely. We can analyze it together.
This post was edited on 2/26/21 at 12:54 pm
Posted on 2/26/21 at 12:51 pm to AggieHank86
quote:
I THINK you are arguing that HIPAA would prohibit the venues from SHARING a customer's PHI (vaccination status?) if they do gather and store it.
I think that is a valid analysis.
Exactly, that is where the privacy issues come into play.
Here in Washington, a bill is going before the legislature that would require DMVs and other agencies to give those they hold data on the right to refuse to allow their data to be sold to a third party, basically attacking sites like Intellius and BeenVerified.
As you can guess, given a lot of companies' willingness to ruin those they disagree with politically I do NOT trust them with my PHI.
This post was edited on 2/26/21 at 12:54 pm
Posted on 2/26/21 at 12:54 pm to AggieHank86
quote:
But I do not believe that it prohibits them from REQUESTING the info OR from conditioning entry onto the premises upon provision of the info.
It doesn't allow them to do so either.
I treat it like a firewall rule. If no specific rule is listed authorizing it, the answer is always "implicit deny".
Posted on 2/26/21 at 12:56 pm to CGSC Lobotomy
quote:Completely understandable, but I do not see how that concern address the question of whether HIPAA (as it exists today) prohibits a sports venue from requesting PHI (I don't see HIPAA as prohibiting anyone from requesting anything) OR from conditioning premises access upon compliance with that request.
given a lot of companies' willingness to ruin those they disagree with politically I do NOT trust them with my PHI
Posted on 2/26/21 at 12:59 pm to AggieHank86
quote:
but I do not see how that concern address the question of whether HIPAA (as it exists today) prohibits a sports venue from requesting PHI
Now tell me where HIPAA can empower a venue to COMPEL and individual to provide that information.
More and more states are putting in legislation requiring businesses to allow citizens to opt out of providing PII and PHI and allowing its distribution.
That is where you will see the attacks come from.
This post was edited on 2/26/21 at 1:02 pm
Posted on 2/26/21 at 1:00 pm to RD Dawg
quote:
Is that an airborne virus?
News to me.
Are you a helpless little bitch who needs the government to hold his/her/xer hand while going to the bathroom of your choice?
Rhetorical question.
This post was edited on 2/26/21 at 1:01 pm
Posted on 2/26/21 at 1:01 pm to CGSC Lobotomy
quote:Your job is security, and from that perspective I can see why you would tend to err on the side of caution.quote:It doesn't allow them to do so either.
I do not believe that (the Act) prohibits (a sporting venue) from REQUESTING the info OR from conditioning entry onto the premises upon provision of the info.
I treat it like a firewall rule. If no specific rule is listed authorizing it, the answer is always "implicit deny".
But that is not statutory interpretation.
Statutes like HIPAA prohibit certain activities. As a general rule, an American does not require statutory authority to request information from another person.
I can ask you your age, your favorite color or your most-hated sports team. I need not have statutory authority to do so.
Posted on 2/26/21 at 1:02 pm to RD Dawg
How about you mind your own f'in business medically?
What I do or do not do medically is between my doctor and me, no one else. If you are vaccinated and believe so strongly in it, you have nothing to be worried about.
What I do or do not do medically is between my doctor and me, no one else. If you are vaccinated and believe so strongly in it, you have nothing to be worried about.
Posted on 2/26/21 at 1:02 pm to AggieHank86
quote:
I can ask you your age, your favorite color or your most-hated sports team. I need not have statutory authority to do so.
I can say no, no and no and you can't then say, "you will provide that or else I will fine you or refuse to allow you service."
This post was edited on 2/26/21 at 1:03 pm
Posted on 2/26/21 at 1:02 pm to CGSC Lobotomy
quote:
Now tell me where HIPAA can empower a venue to COMPEL and individual to provide that information.
I think what he's saying is HIPAA doesn't apply here at all. There may be other legal avenues to argue the legality of this, but HIPAA is not one of them.
Posted on 2/26/21 at 1:02 pm to RD Dawg
quote:
RD Dawg
You do know you can still get the CHYNA virus don't you?
Posted on 2/26/21 at 1:04 pm to Mid Iowa Tiger
quote:
What I do or do not do medically is between my doctor and me, no one else. If you are vaccinated and believe so strongly in it, you have nothing to be worried about.
yep, my body my choice.
Posted on 2/26/21 at 1:04 pm to RD Dawg
HIPPA laws......
Posted on 2/26/21 at 1:04 pm to tigeraddict
quote:
HIPPA
For frick's sake!! It's two A's, one P. It's not a "female HIPPO"
Posted on 2/26/21 at 1:05 pm to CGSC Lobotomy
quote:
I can ask you your age, your favorite color or your most-hated sports team. I need not have statutory authority to do so.
quote:
I can say no, no and no and you can't then say, "you will provide that or else I will fine you or refuse to allow you service."
So when someone asks me my age when entering a venue with an age requirement and they don't let me in because I can't show I'm old enough, they can't refuse to let me in? Hmmm
Posted on 2/26/21 at 1:05 pm to CGSC Lobotomy
quote:HIPAA does not do that, because it is intended to PREVENT DISSEMINATION of PHI without patient approval, not prevent gathering PHI FROM a patient.
Now tell me where HIPAA can empower a venue to COMPEL and individual to provide that information.
quote:And that potential legislation may well eventually prevent sport venues from making these requests at some point in the future.
More and more states are putting in legislation requiring businesses to allow citizens to opt out of providing PII and PHI
Out of curiosity, are you the poster who is downvoting each of my posts on this thread, or is one of my serial stalkers following me around again?
This post was edited on 2/26/21 at 1:46 pm
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