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Old 06-03-2021, 12:30 PM   #1
Soggy Bottom
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Default HIPPA Question

If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the work place? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?
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Old 06-03-2021, 12:39 PM   #2
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I work at NASA and they are doing the same thing.
Its my understanding that they can't ask one way or the other. Its purely just the honor system.

I don't know if that's true or not, but it's a Government run agency trying to stay within their own rules.
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Old 06-03-2021, 12:40 PM   #3
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It appears HIPPA does not apply for COVID-19. I’m with you though.
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Old 06-03-2021, 12:42 PM   #4
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Once a few lawsuits pillage these companies they'll probably change their tune. It'll be interesting to see how things play out in the courts though because everything around this virus is so wacky and some of it defies logic.
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Old 06-03-2021, 12:59 PM   #5
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I suggest some research on what HIPPA is
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Old 06-03-2021, 01:00 PM   #6
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They’re (mostly) private companies, you can always go work somewhere else if you do not like their policies.
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Old 06-03-2021, 01:01 PM   #7
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Health Insurance Portability and Accountability Act (HIPAA)

I know. Absolutely not pertinent to your question. I don't know the answer but feel lucky I work at a place where I have never worn a mask and I got away with it.
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Old 06-03-2021, 01:06 PM   #8
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Haven't they always required parents to show vaccine records for school?
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Old 06-03-2021, 01:08 PM   #9
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Originally Posted by RWB View Post
Haven't they always required parents to show vaccine records for school?
Yes for approved vaccines....
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Old 06-03-2021, 01:11 PM   #10
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We are going through the same thing right now. We're asking some questions now to see how they respond. It'll be interesting to see how this all turns out.
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Old 06-03-2021, 01:12 PM   #11
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Haven't they always required parents to show vaccine records for school?
Yes but in my understanding covid 19 vaccine is experimental and only approved for emergency use correct? Your child can't attend public school without vaccines that are proven studied and FDA approved. That is the difference between the two in my opinion.
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Old 06-03-2021, 01:14 PM   #12
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I suggest some research on what HIPPA is
Or you could just give us a quick description if you are familiar with what it is.
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Old 06-03-2021, 01:18 PM   #13
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Originally Posted by Duckologist View Post
I suggest some research on what HIPPA is
X2

There's lots of info on the web that can explain, even with a quick google search. You might could even call your doctors office and they probably could refer you or even provide you to a lot of info. Or contact your employer's HR department, I'm sure they could send you some info.

Regardless, over the last several months, I have noticed one thing. There are a heck of a lot of people out there that have no clue what HIPAA covers.

Last edited by CaptainDave; 06-03-2021 at 01:34 PM.
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Old 06-03-2021, 01:20 PM   #14
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Snowflakes….
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Old 06-03-2021, 01:20 PM   #15
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Originally Posted by Rush2Judge View Post
Health Insurance Portability and Accountability Act (HIPAA)

I know. Absolutely not pertinent to your question. I don't know the answer but feel lucky I work at a place where I have never worn a mask and I got away with it.
I'm in IT but used to work in heavily medical fields. I interviewed a guy who put on his resume he had "Extensive knowledge of HIPPA" So my first question out of the gate was what does HIPAA acronym stand for? He failed that question. lol
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Old 06-03-2021, 01:21 PM   #16
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Originally Posted by Soggy Bottom View Post
If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the workplace? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?
Sounds like the company's policy is you all have to wear a mask unless you've been vaccinated. But they require proof you've been vaccinated.

Not an expert, but the employee that chooses to show their vaccine card is making a choice, thus no violation.

So while HIPPA is not violated, seems the practice could be construed as discriminatory for employees that have chosen to not get a mask or choosing not to display their vaccine card.

The best thing they can do is just set a policy based on current CDC guidelines and tell everyone no mask is needed.

Those that feel unsafe in an environment with no masks, need to stay home or go get vaccinated.
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Old 06-03-2021, 01:26 PM   #17
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Originally Posted by hogslayer78 View Post
Yes but in my understanding covid 19 vaccine is experimental and only approved for emergency use correct? Your child can't attend public school without vaccines that are proven studied and FDA approved. That is the difference between the two in my opinion.
Correct. As far as the OP's question, I have no clue but I would walk in without a mask one day and see what they say
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Old 06-03-2021, 01:32 PM   #18
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Or you could just give us a quick description if you are familiar with what it is.
Here you go. Straight from the web. This is just the tip of the ice berg. The high level gist is that HIPAA protects your private health information that is kept by covered entities, such as your health Insurance company, your doctor, etc. In other words, a covered entity, just can't share your Private Health info with anyone that inquires. So people claiming their employer is in violation of HIPAA because they asked about a vaccine is not exactly accurate.

Who Does HIPAA Cover?
HIPAA is a federal law that introduced standards in healthcare relating to patient privacy and the protection of medical data. HIPAA covers healthcare providers, health plans, healthcare clearinghouses, and business associates of HIPAA-covered entities. HIPAA applies to most entities that fall into the above categories, except those that do not conduct transactions electronically.

Healthcare providers include hospitals, clinics, physicians, nursing homes, pharmacies, chiropractors, dentists, and psychologists. Health plans include health insurers, company health plans, HMOs, and government programs that pay for healthcare such as Medicaid and Medicare. Healthcare clearinghouses are organizations that transform nonstandard health data into a standard format. A business associate is an individual or entity that performs functions for a HIPAA covered entity that requires the use or disclosure of protected health information.

What Does HIPAA Cover?
The HIPAA Privacy Rule covers all individually identifiable health information that is created, stored, maintained, or transmitted by a HIPAA covered entity or business associate of a HIPAA covered entity. The HIPAA Privacy Rule applies to all forms of PHI, including paper records, films, and electronic health information, even spoken information.

This information is classed as protected health information when it contains identifiers that would allow a patient or health plan member to be identified. HIPAA does not include information in employment records, even if that information is included in the HIPAA definition of individually identifiable health information or protected health information.
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Old 06-03-2021, 01:35 PM   #19
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Yes for approved vaccines....
Not too sure how long the process takes but Pfizer and Modera have both filed for FDA approval, so could only be a matter of time before they're "approved"
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Old 06-03-2021, 01:37 PM   #20
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Fake

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Old 06-03-2021, 01:39 PM   #21
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Fake

Card
Can get em on Amazon
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Old 06-03-2021, 01:48 PM   #22
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Theyíre (mostly) private companies, you can always go work somewhere else if you do not like their policies.
I hate when people say this.... Until a company does something they don't like, and then it's screaming from the rooftops.

Either let companies be free to do what they want or don't let them. Stop the wishy washy BS

At some point people need to make a stand. No one in todays world "needs" a specific job. If a company is so stupid to require a mask even after you've had covid, which is far better than the vaccine, then tell them to F off. Make them fire you.

I mean holy crap, stop doing whatever stupid thing these idiots require.
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Old 06-03-2021, 01:52 PM   #23
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Quote:
Originally Posted by Soggy Bottom View Post
If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the work place? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?
Not a HIPPA violation

However - OSHA has ruled the following:

"If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?

"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7."

This has and will cause employers to change their policy to recommended.
Recordables are expensive to employers in more ways than 1.
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Old 06-03-2021, 02:32 PM   #24
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Originally Posted by chicken fried View Post
It appears HIPPA does not apply for COVID-19. Iím with you though.
This, is really disturbing................
If it doesn't apply to everything..............
Then, it doesn't apply to anything........
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Old 06-03-2021, 02:37 PM   #25
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This, is really disturbing................
If it doesn't apply to everything..............
Then, it doesn't apply to anything........
There was nothing factual by the poster you quoted
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Old 06-03-2021, 02:53 PM   #26
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HIPAA applies only to healthcare providers, an employer can ask. You can tell the truth, lie or ignore. If you lie, and the employer finds out, you can be terminated with just cause for lying.
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Old 06-03-2021, 03:43 PM   #27
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Originally Posted by Tequilazo View Post
Not a HIPPA violation

However - OSHA has ruled the following:

"If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?

"If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7."

This has and will cause employers to change their policy to recommended.
Recordables are expensive to employers in more ways than 1.
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.
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Old 06-03-2021, 04:07 PM   #28
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I think your employer is splitting hairs and when the knife finishes falling they will be on the wrong side.

They are not technically requiring vaccination. They are requiring a mask if you are not vaccinated.

If you are vaccinated, you are still encouraged to wear a mask but not required to.

My employer is the state of Texas. They are requiring everyone to be tested monthly unless you are vaccinated but the vaccination record is kept private, secure. In other words, only those with an absolute need to know will know. They also said if you are vaccinated, you are not required to wear a mask, but if you are not vaccinated they strongly request you wear one. So it is not required either way.

It's double speak and they are walking a thin line that they drew.
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Old 06-03-2021, 05:55 PM   #29
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The blank cards are readily available and can be easily printed onto card stock paper. Use the web to find a legit looking Lot number and be done with it.
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Old 06-03-2021, 09:49 PM   #30
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Quote:
Originally Posted by Soggy Bottom View Post
If a company allows vaccinated employees not to wear a mask and non-vaccinated employees have to continue to wear a mask does this violate any HIPPA laws in the work place? The company is making vaccinated employees furnish their vaccine card for proof. It seems by doing this it will cause segregation between the employees. Any thoughts?
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.
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Old 06-03-2021, 10:03 PM   #31
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Yep not a happy issue as stated above. I'd say it falls under more of a discrimination issue.
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Old 06-03-2021, 11:50 PM   #32
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Originally Posted by slayr View Post
Theyíre (mostly) private companies, you can always go work somewhere else if you do not like their policies.
Till 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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Old 06-04-2021, 06:36 AM   #33
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Just wear one made from a fruit sack. There is no official definition of a mask that I can find. They also sell fishnet cloth at all hobby stores.
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Old 06-04-2021, 06:51 AM   #34
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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 Iím required to wear a mask while at work

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Old 06-04-2021, 08:14 AM   #35
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Till 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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There are always going to be policies someone doesnít like. Whatís great is if there is one you simply canít live, the door is always open for you to walk out. Nobody is dragging you to that place and throwing you through the front door everyday.
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Old 06-04-2021, 09:39 AM   #36
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Hipaa
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Old 06-19-2021, 09:14 AM   #37
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Just wear one made from a fruit sack. There is no official definition of a mask that I can find. They also sell fishnet cloth at all hobby stores.
We are required to wear a company provided mask if not vaccinated.
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Old 06-19-2021, 09:34 AM   #38
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Punch holes in it
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Old 06-19-2021, 02:18 PM   #39
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Originally Posted by tvc184 View Post
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.
Your 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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Old 06-19-2021, 03:00 PM   #40
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Your 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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Old 06-19-2021, 03:55 PM   #41
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Your 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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Asking if you have been vaccinated is not a violation of HIPAA.

If you donít 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 Iím 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 letís 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:

ďIf 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.Ē

https://www.hhs.gov/answers/if-my-em...tus/index.html
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Old 06-19-2021, 04:17 PM   #42
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HIPPA applies to medical information sharing. Only legal with consent by you
No violation asking if you have been vaccinated or showing proof
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Old 06-19-2021, 04:18 PM   #43
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Your 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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Incorrect
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Old 06-19-2021, 05:11 PM   #44
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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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Old 06-19-2021, 05:23 PM   #45
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Haven't they always required parents to show vaccine records for school?

Yep.... this is the bottom line. Will be required just like school shots are. 100% compliance will be inevitable, especially for youth.


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Old 06-19-2021, 05:36 PM   #46
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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 donít 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, donít 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 donít ask a question so it will not offend peopleÖ.. and we wonít have to work.
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Old 06-19-2021, 05:40 PM   #47
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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 ďlegal departmentĒ was sick the day they taught law in law school.
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Old 06-19-2021, 05:51 PM   #48
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But foe the fact that the vaccine is still not fda approved


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Old 06-19-2021, 05:51 PM   #49
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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.

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Old 06-19-2021, 09:20 PM   #50
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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 donít 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, donít 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 donít ask a question so it will not offend peopleÖ.. and we wonít 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.

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