blueash |
04-04-2021 10:56 AM |
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Posted by tvbound
Almost everyone has accepted that a private business and/or public venues can institute and enforce a "no shirt, no shoes, no service" policy. Why should a "no Covid passport, no service" - be any different?
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Originally Posted by jmintzer5 View Post
HIPPA protections...
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posted by Blueash
You are wrong about HIPAA [not HIPPA]
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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge.
There is absolutely no violation of HIPAA if you disclose your own health information which is what would happen in the situation described.
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Originally Posted by jmintzer5
(Post 1926036)
No, you're wrong, as well... (And sorry for the typo...)
I deal with HIPAA daily, I know exactly what it is...
This thread is about REQUIRING a Vaccine Passport. Not choosing to disclose the information...
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The purpose of a vaccine passport would be to have a form you could provide to document that you have been vaccinated. No one would be required to have such a passport just as no one is required to have a US Passport now, unless you wish to partake in an activity where such a document is required, like take a cruise to Europe. If you show up at the cruise terminal without your passport you are refused boarding even if you have a driver's license or a school ID with your photo. A real passport is what they need to see. Don't want to cruise, don't get a passport.
Similarly if a business wants to see proof you are immunized to accept you as a customer it could be in many forms. You might just have to say "I had my shots" That wouldn't be a passport but does require that you voluntarily disclose your own health care information. No HIPAA violation. Or a business might not accept your word and want a note from your doctor which she writes but you provide. Again disclosing protected health information with your ok. No HIPAA violation. Or the business might require a form from the government agency that provided and likely paid for your shots. That is one form a Vaccine passport might take. Again you okayed the information being given to the business and you authorized the government to print your passport, and you likely sent the govt your information so it could print the passport, just like your US passport required you to provide information to the govt to print it.
So my comment is correct. There is no HIPAA violation in a Vaccine Passport. You are disclosing your own vaccine status. No third party is disclosing your status without your consent which exactly what HIPAA prohibits. A business requiring proof of vaccination is not a HIPAA violation. "No passport no service" Your providing your own vaccine status is not a HIPAA violation.
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