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

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What is your analysis as to what might prevent a governmental entity in the USA from conditioning entry onto government property upon a vaccination ... whether for COVID, s,
smallpox, rabies, ebola or whatever? A Constitutional provision? A statute? Or just an ideological principle?

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That's a pretty broad brush. I mean, there is already precedent with public schools requiring their students have certain vaccinations to attend. On the other things you mention, covid really isn't a good one to use as an example because right now, it's only available to a limited number of people (Mississippi - it's 65 and older or preexisting condition(s). The other diseases you mention I would think the only way to do it would be through constitutional provision as anything else would be challenged and probably overruled by the courts.

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I'd say unequivocally yes.

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Sure. But when less than 50% of the people get vaccinated, they’re going to be in a pickle.

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Now liberal Hank is a HIPAA expert

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You don't have to be an expert in HIPAA to know that voluntarily showing someone your vaccination card as proof of having had the vaccination is in no way shape or form a violation of HIPAA. Now if the business requested from say the Health Dept., if they are the ones that did the vaccination proof that you had the shots, and they willfully released that information, that would be a violation. (Yes - I was a HIPAA expert when I was still working - just so you will know).

The businesses could ask for documentation of a vaccine without violating HIPAA.

They would expose themselves to liability in how they receive and/or maintain any records related to it.

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They would expose themselves to liability in how they receive and/or maintain any records related to it.

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Potentially and highly-theoretically, maybe. If they maintain a database of customers and their vaccination status and then publish that data without customer approval, you could TRY to craft an argument that the business violated HIPAA, probably by claiming that the busines has become a “health care clearinghouse.”

But it is a stretch to say that a concert venue would be a covered entity under any provision of HIPAA. From the National Institutes of Health

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Covered entities are defined in the HIPAA rules as (1) health plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions for which HHS has adopted standards. Generally, these transactions concern billing and payment for services or insurance coverage. For example, hospitals, academic medical centers, physicians, and other health care providers who electronically transmit claims transaction information directly or through an intermediary to a health plan are covered entities. Covered entities can be institutions, organizations, or persons.

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A private business should be able to turn away anybody they don’t want to do business with. I would not take your money, because you are being a bitch.

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If they maintain a database of customers and their vaccination status and then publish that data without customer approval, you could TRY to craft an argument that the business violated HIPAA.

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That would certainly be a violation of HIPAA. You wouldn’t have to craft shite.

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At first glance, the release of data would SEEM (erroneously) to be covered, but the business itself is just. NOT a “covered entity” under HIPAA. You would have to “craft” an argument that this defined terrm means something broader than the statutory language.

(1) health plans, (2) health care clearinghouses, and (3) health care provider are all defined terms, and none of them are defined to include concert venues.

Let’s say that you told me last week that your appendix has been removed. Your argument seems to be that my mere possession of that information brings me within HIPAA, and that HIPAA prevents me from ever telling anyone that you no longer have an appendix.

That just is not what HIPAA does.

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Checks out.

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There's a huge difference in the reaction to this thing in metro vs non metro areas. It's funny to have family come in from Nashville and they're freaking out that everybody's just living their life.

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You’re crafting a legal argument based upon a Wikipedia reading of HIPAA.

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I most certainly am not.

“Covered entity” is a term defined by HIPAA. It is defined to mean (1) health plans, (2) health care clearinghouses, and (3) health care providers. In turn, each of those three terms is defined within HIPAA. NONE of them is defined in a way that any reasonable person would interpret as incliding a concert- or sporting venue.

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Taking health information makes it a covered entity.

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No.

Telling me about your hemorrhoids does not make me a covered entity. Telling your barber about your genital warts does not make him a covered entity. Telling your employee about your chronic dandruff does not make IT a covered entity. Telling the local hardware store about your arthritis dies not make IT a covered entity. Even if EVERY ONE of them records the information. Because none is a health plan, clearinghouse or provider.

Several people whose PROFESSION is/was implementation of HIPAA have weighed-in on this point, and they agree with my anslysis. With all due respect, this question is not even close-enough to be remotely interesting. You are just being stubborn because you do not like the result.

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if (a business) store(s) any records, then they’re going to have potential liability.

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Only if they are a “covered entity.”

My best recollection is that the “business associate” class refers to associates of one of the three classes of “covered entity,” not to business associates of the patient. Otherwise your barber and hardware store clerk would get caught in the net, too.

Your hypothetical MRI repairman is still part of the web of health-related entities. Your gym is not ... unless it is some sort of PT ordered by (&/or working with) your health provider.

I don’t see a concert venue as being very analogous

But it would be an argument to TRY with a judge. I just think it would lose.