HIPPA Question

[tvc184]

I went through the same issue with hepatitis vaccines so I know you are incorrect. It went through the legal department.

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Like a lot of legal departments, they simply say the easy answer to keep from having to defend anything.

Did you read the official HIPAA website where your exact question was asked? Did you read their plain English answer and it was not a violation of HIPAA?

I worked over 37 years in a police department. About 20 one of those years were in supervision and about five years as a commanding officer. When writing new policy we would often ask the city legal department for interpretation. Almost always the response was, we really wish you would not do that. But then you asked for a clarification and they say yes technically it is legal. That is because they don’t want to defend a legal position. Is it easier way out to simply not do something that might make people mad even if it is legal.

I understand the concept. They go by the idea that some things are not worth the effort. It is no different than the city deciding to pay a claim when they know they could win in court. They make the decision that is not worth the fight to win.

Again, I get it. When you ask for a legal opinion in many cases the answer will not be based on the law but rather do they want to have to defend a position, Particularly like a contract employee such as in the legal department. They likely get paid the same thing for a 40 hour week whether they are in court or simply sitting behind a desk. In many cases it is an easy answer to simply not do some things. In a way I guess you could say they make their own workloads easier by simply saying, don’t do that.

With the law in this case it is clear. It is not against HIPAA for your employer To ask if you had been vaccinated.

Again, did you read the HIPAA website which directly answered your question? Did your legal department? I would go as far to say they probably did and they probably know the answer but simply told the company the easy way out, just don’t ask a question so it will not offend people….. and we won’t have to work.

[RR 314]

I went through the same issue with hepatitis vaccines so I know you are incorrect. It went through the legal department.

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I believe your “legal department” was sick the day they taught law in law school.

[OldRiverRat]

But foe the fact that the vaccine is still not fda approved


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[Johnny44]

Would you drink bleach if an employer asked, its the same thing.

Employer probably doesn’t allow smoking indoors but would want you to take an experimental shot.

I still want as many folk to take the shot as possible so there are less traffic jams in the next few years.

[DRT]

Like a lot of legal departments, they simply say the easy answer to keep from having to defend anything.



Did you read the official HIPAA website where your exact question was asked? Did you read their plain English answer and it was not a violation of HIPAA?



I worked over 37 years in a police department. About 20 one of those years were in supervision and about five years as a commanding officer. When writing new policy we would often ask the city legal department for interpretation. Almost always the response was, we really wish you would not do that. But then you asked for a clarification and they say yes technically it is legal. That is because they don’t want to defend a legal position. Is it easier way out to simply not do something that might make people mad even if it is legal.



I understand the concept. They go by the idea that some things are not worth the effort. It is no different than the city deciding to pay a claim when they know they could win in court. They make the decision that is not worth the fight to win.



Again, I get it. When you ask for a legal opinion in many cases the answer will not be based on the law but rather do they want to have to defend a position, Particularly like a contract employee such as in the legal department. They likely get paid the same thing for a 40 hour week whether they are in court or simply sitting behind a desk. In many cases it is an easy answer to simply not do some things. In a way I guess you could say they make their own workloads easier by simply saying, don’t do that.



With the law in this case it is clear. It is not against HIPAA for your employer To ask if you had been vaccinated.



Again, did you read the HIPAA website which directly answered your question? Did your legal department? I would go as far to say they probably did and they probably know the answer but simply told the company the easy way out, just don’t ask a question so it will not offend people….. and we won’t have to work.

No I did not. I spent too many hours working and when I finally quit about 8 this evening I showered hydrated.
I will, just did, although it no longer really matters. If my boss asks me anything anymore I tell him to **** off. He's a pain in the ***. However the laws were created in response to the HIV/AIDS fear. Employers weren't allowed to ask you about medical conditions because they couldn't deny you employment due to those conditions. I read what was posted on the link but it goes against every bit of training we received regarding it over 20 years.[emoji1787]

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[Bear Charge]

I don't know the answer but it's a great question.

[DRT]

Even when I had my heart attacks they were very careful about how they worded things regarding my condition to work and the FMLA paperwork was not available to be seen by anyone but our HR personnel.

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[flywise]

If you can’t sue the vaccine companies for damages Can you sue an employer who mandated it?

[12RingKing]

I went through the same issue with hepatitis vaccines so I know you are incorrect. It went through the legal department.

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Hep B vaccinations are required to be provided under the Bloodborne Pathogens standard of OSHA 1910.1030. You either need to show proof you have had the Hep B Vac, get the Hep B vac at no cost to you, or sign the declination letter that you do not want the vaccination.

If you work a job where you can be exposed to bloodborne pathogens or other infectious diseases.

I'm not sure what your "legal team" stated. The only fishy area here is if it's a condition of employment upon hiring. If they are requiring the vaccination, then that is wrong. You have a choice to live or die.

For what it's worth, I see the COVID vaccine being adopted in a similar fashion becuase of how political this became. I believe in the near future you will be required to show proof, get vaccinated at no expense to you, or sign a declination letter. That's my .02.

[12RingKing]

My office is not currently open because they are waiting for OSHA to update their stance. Texas and CDC are fine, but OSHA hasn't exactly cleared the way for open office, no masks. Until then, we work from home.

OSHA isn't putting any barricades in the way...

The only issues that a business would have with OSHA would be the recordability of an event should someone contract COVID or pass away from COVID.

The facts are, if your company takes precautions and has policies that help to prevent the spread of COVID, then the odds of you contracting COVID at work are slim. Your chances of contracting COVID outside of work are far higher as a percentage of time in the week.

It would be MORE LIKELY you contract COVID outside of work. Unless you work in the healthcare field then you should be okay returning to work as long as there are policies in place with guidance.

I recently spoke with an OSHA director in San Antonio, and the only fatalities that he is aware of come from nursing homes and healthcare facilities. I asked him this question specifically, and gave him my workplace scenario, and he says that our contact tracing, policies, and procedures would not be challenged by an OSHA inspector. It's completely up to us how we record an event and our scenario is solid.

The idea that any business would take a Recordable hit for a positive COVID test is preposterous. The only way I can see it is if you sequestered individuals that were COVID free and then contracted at work or you work in the healthcare field in some fashion.

[muddyfuzzy]

In 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.

Aren’t they informing your coworkers of your medical preferences and situation via policy? If the policy says you have to wear one if you aren’t vaccinated then don’t wear one aren’t they in fact telling everyone at the facility that you were in fact not vaccinated since you aren’t wearing said mask? While the case may be made the employer may have a right to know since it’s their property your coworkers aren’t entitled to squat when it comes to this…..it’s none of their business.


[emoji1662]

[Acameron52]

I thought it was illegal for them to ask in the state of Texas… but I’m sure company policies can override that.

[tvc184]

Aren’t they informing your coworkers of your medical preferences and situation via policy? If the policy says you have to wear one if you aren’t vaccinated then don’t wear one aren’t they in fact telling everyone at the facility that you were in fact not vaccinated since you aren’t wearing said mask? While the case may be made the employer may have a right to know since it’s their property your coworkers aren’t entitled to squat when it comes to this…..it’s none of their business.


[emoji1662]

Not in my opinion and I posted the answer from the official United States government HIPAA website.

It is not against the law for someone to know your medical condition. It is not even against the law for people to discuss your medical condition. They just cannot get the information from “covered entities”.

Because someone can draw a conclusion is not a violation, again in my opinion. If I see you walk into the office with a cast on your leg and using crutches, I can surmise that you have had some kind of a surgery or may have broken your leg. I could run around and tell everyone what I saw and it is not a violation. If I call your doctor and ask, did my coworker brake his leg and the doctor said yes, that is a violation.

Because you can draw a conclusion does not violate HIPAA.