Yep not a happy issue as stated above. I'd say it falls under more of a discrimination issue.
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I started a new job on Monday and they asked for my drivers license, social security card, and vaccination card, made copies and gave them back, maybe the new normal
Also I’m required to wear a mask while at workLast edited by whitetailfanatic; 06-04-2021, 05:55 AM.
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Originally posted by jaime1982 View PostTill they make a policy you don't agree with.
I'd make them fire me or wear a cloth for the memes.
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Originally posted by tvc184 View PostIn my opinion...
HIPAA does not apply. HIPAA basically says that a healthcare worker, professional, company, etc., cannot inform anyone else about any medical information about you Without your consent. So if your employer was to call your doctor, medical insurance agent or so on and they answered, it would be a HIPAA violation.
Asking you does not apply to HIPAA at all.
I think there is a belief by many people that any medical discussion is covered by HIPAA and I do not think that is true. If you were to tell your friend that you were having a medical procedure done and he told someone else, that person could have a Townhall meeting about it and it would not violate HIPAA.
Whether a company can legally ask you under another set of laws might be a different issue but not HIPAA in my opinion.
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Originally posted by DRT View PostYour opinion is incorrect. Legally they cannot ask you about your medical conditions. It is just going to take a few lawsuits to slap back some of the employers.
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This is not true.
They cannot ask your medical providers about your medical info without your consent.
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Originally posted by DRT View PostYour opinion is incorrect. Legally they cannot ask you about your medical conditions. It is just going to take a few lawsuits to slap back some of the employers.
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If you don’t want to answer feel free but then you go into the employers ability to terminate you as an at will employee. You can fight that by some other law however it is not a HIPAA violation.
There are probably 100 different websites that directly deal with HIPAA. Many of them are from law firms who get money for filing claims against companies and I have read many of them and they over and over and say the same thing, it is not a violation to ask if you have been vaccinated. There are other laws apply such as if you claim an ADA exemption they must try to provide reasonable accommodations.
But I’m sure all of that means nothing to you and many others believe that if you mention the word medicine or treatment it somehow automatically involves HIPAA. So let’s go to the source. How about HIPPA itself from the federal government website. HIPAA is under the US Health and Human Service. Below is the link from the federal government HHS website and the question about a HIPAA violation for asking about the Covid vaccine. This is a quote from that HHS/HIPAA information website:
“If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation, and employees may decide whether to provide that information to their employer.”
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