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Home » The Water Cooler – Should HIPAA Laws Apply To COVID-19 Vaccination Status?

The Water Cooler – Should HIPAA Laws Apply To COVID-19 Vaccination Status?

by CLAYCORD.com
52 comments

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The “Water Cooler” is a feature on Claycord.com where we ask you a question or provide a topic, and you talk about it.

The “Water Cooler” will be up Monday-Friday at noon.

Today’s question:

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QUESTION: Should HIPAA laws apply to COVID-19 vaccination status?

Talk about it….

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Yes – you don’t get to pick and choose. Either all medical issues can be discussed and used agaisnt you or none of it can.

Literally all of it. You can argue that knowing ANYTHING is good.

Have AIDS/HIV +? – I can’t risk cross exposure…you might get a papercut and infect somone

Pregnant? – I don’t want to risk your safety or the safety of the child. You can find reasons in any job where this would apply

Kidney transplant recepient? – Dont want to cuase undo stress that could complicate your procedure

Have allergies? – dont want you sneezing in the office and possibly infect someone with anything else you are carrying

The list goes on and on

@ poopcorn

RULES are a set of instructions to help people live and work together. Capacious and flexible made by individuals.

LAW is a set of legal rules designed to help keep order, protect property, and keep people safe. – Rigid and inflexible made by Government.

No one gets thrown in jail for not following a rule. Plenty of people are in prison for not following the law. See the difference?

https://citizenfreepress.com/breaking/ whistleblower-nurse-majority-of-our-covid patients-are-actually-suffering-from-vaccine-injuries/

Too bad doctors are so hesitant to accept what their staff (nurses) are telling them. What a shame. A video well worth the time it takes to watch it.

@Ilovepopcorn
You’re simply fear mongering. The virus has a 99+% survival rate for most age groups. Even if there were absolutely zero precautions taken, humanity would still be in no danger of getting completely wiped out by this.

Redrazor,
These people are under some type of spell….it’s Very Bizarre.
At this point…..it’s just time to Preserve the RIGHTS we already have. I’m not begging anyone to give me my rights back……they can go Pound Sand.

Every last one of them would have raised hell if Trump was doing these mandates.

Now that is really sad that you believe this garbage. Did you note that the alleged nurse told you that she works on a COVID isolation ward? That patients are screened upon entry into the hospital by PCR and the ones that test positive are isolated in the COVID isolation ward? But the majority of her patients have vaccine injuries, like blood clots and cardiac issues? Now these patients if they exist they would not test positive in a COVID PCR test so why are they ending up as her patients? Also according to her the standard protocol for her patients is remdesivir. What same doctor would treat a blood clot or cardiac issue with an antiviral?

These are just a few points I will not bore you with more but this whole video is either poorly scripted by a bunch of people who have no idea about patient care, or this alleged nurse is a certifiable nutcase.

YES! In my lifetime, no one has ever asked me about any of my immunization shots or any other personal medical information except for my doctor. It’s no ones business and if they choose not to be vaccinated, then they shouldn’t get harassed. Don’t ask. Don’t tell.

Then you have never traveled overseas or been in the Army

I assume you went to school. If so then how did you attend school without providing immunization records?

@ Paul

The vaccines that I took when I was a child took years of research and check this out, in the past 50 yrs I have never gotten a booster shot. Why? Because since it took many years of research to make sure all the required shots work and stops a virus and not one is protected from any lawsuits for the next 4 yrs. if this vaccine worked, then why are they pushing for booster shots? Educate yourself and do some of your own research.

Biden’s angle is break a little law here and a little law there. As long as he has the fake news behind him he will keep it up. What we have here is a failure of the press to tell the truth.
That being said think about getting this experimental covid shot if you haven’t already. Take one for the team. Or not.

YES!
Technically all vaccinations are in HIPAA category already as it’s medical information.

The number of people that don’t actually know what HIPAA actually entails – yet have opinions such as this – amazes me.

As far as I know, HIPPA laws prevent people (like doctors, nurses, ect) in the health industry from discussion a patient’s health to a third party without the patient’s consent.

With respect to COVID-19, right now institutions (schools, employers, ect) require people to prove that they are vaccinated or take weekly negative COVID test. I think that it is a fair deal because the institutions offer two choices. If either choice isn’t accepted because the people have freedom then the institutions can denied services or termination employment.

Yep, let’s just take away a person’s livelihood because they think it isn’t anybody’s business. That way, they can become a burden on society.

You don’t get to pick and choose.

The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information.

Is a vaccination record a person’s medical record or other health information? Sure seems like it to me.

Absolutely.

If you’re going to SINGLE out those who haven’t taken this Experimental jab, then you also need to disclose who has Herpes, HPV, Lyme, Lupus, HIV……also add Epstein Barr to that list, look what it did to Annette Funicello – through multiple sclerosis. I also want to know who is undergoing chemotherapy treatments so I can keep my distance.

– You don’t need to “keep your distance” from any of the people with the diseases you mentioned. Knowing if someone has one or more of the diseases matters if you intend to have a kissing and/or sexual relationship with the person.

Is there any indication that HIPAA laws would not apply to COVID-19 immunization status?

You realize that HIPAA laws generally apply to:
Health Plans
Health Care :Providers
Health Care Clearinghouses

but generally do not apply to
Life insurers
Employers
Schools
Law enforcement
State agencies
etc.

I have not heard that there are health care providers or health plans that would disclose the COVID-19 immunization status to anybody?

https://tinyurl.com/mtb8vj88

@KT so you never went to school? Because schools require certain immunizations? You never applied for insurance because they do require disclosure of heath information? You never applied for a job at least recently because they do require drug testing? You don’t have a driver’s license because they require a vision test?

@JWB

The vaccines that I took when I was a child took years of research and check this out, in the past 50 yrs I have never gotten a booster shot. Why? Because since it took many years of research to make sure all the required shots work and stops a virus and not one is protected from any lawsuits for the next 4 yrs. if this vaccine worked, then why are they pushing for booster shots? Educate yourself and do some of your own research. I want to add that when you do a vision test, that’s natural and has nothing to do with getting a vaccine. Also a drug test; that’s on you if you decide to do drugs….your body your choice.

@KT

Your statement was:

“no one has ever asked me about any of my immunization shots or any other personal medical information except for my doctor”

So what has the years of research for vaccines to do with that? You or your parents were required to show your vaccination record to the school or ask for an exemption, but yes the school has asked about your immunization shots.

Yes the vaccines you took require booster shots, as a matter of fact the CDC recommends booster shots about every 10 years for tetanus and whooping cough.

The current polio vaccine as a matter of fact does not stop the polio virus, it only prevents polio symptoms.

And yes your vision is part of personal medical information and yes the DMV does require you to get tested if you apply for a drivers license. And remember you did say:

“no one has ever asked me about … any other personal medical information except for my doctor”

I’m not sure what you mean by “drug test; that’s on you if you decide to do drugs” Do you think drug testing for employment is only done for people who decide to do drugs?

It’s funny there is a certain type of people who think others need to educate themselves.

What’s funnier is that there are certain types of people who think there’s nothing left for them to learn…. they already know it all.

Remember when biden so incompetently left Afghanistan, leading to the killing of 13 service members, our tarnished reputation, and billions in lost weapons & equipment, and as a way to get Americans back to hating each other instead of him, he vilified an entire group of people and threatened their livelihoods? Good times, good times.

@ Pine Barrens …. Exactly!

Ask a health question you may have on Google and the whole world knows.

It really doesn’t matter one way or another. Most of your personal information is out on the web and nothing is really confidential anymore. I always laugh when I hear how Big Tech values our privacy and goes out of its way to ensure our personal information is secure. Yeah right…Zuckerberg and gang would sell their own children for a $.

Absolutely!

Of course the question is disingenuous and implies that vaccinations are not covered by HIPAA. Your medical records, including your history of vaccinations are covered by HIPAA and no it doesn’t prevent your employer or your nosy next door neighbor from asking about your vaccination record.

It just prevents your Doctor or HMO or insurance company from release that information to a third party without your consent.

As an employee off probation and in good standing, I quit a company that demanded my vaccination status. My decision to quit had nothing to do with vaccinations and everything to do with privacy.

Biden’s a bucking Abe Lincoln. What next? Suspend habeas corpus?

Biden is doing anything he can to get his utter failure in Afghanistan out of the public’s eye.

He doesn’t have the power to force the states to do anything WRT vaccination. At the end of his pathetic speech yesterday, as he left the podium, not taking any questions (his trademark), I believe a reporter yelled, “What about the Constitution?”

Remember that moment.

Absolutely! Need to know who wants to know and why, so ask my permission. Like stated by several above there are people that can NOT take vaccines So if they are “forced” and something happens where does the blame go?? Speaking of going Fauci needs to go and the sooner the better along with his wife that holds a pretty good position in the FDA …..gee how convenient

YES

So this is kind of a weird question.

HIPPA already applies to the Covid Vaccine, as it does to any other medical data.

But HIPPA does not preclude anyone from asking about your medical conditions or in this case vaccination.

Example is the typical vaccines that are mandatory for school.

So two completely different things.

So basically two different issues.

HIPAA either would have to be re-written or a new law would need to be enacted that would apply to vaccination status. HIPAA prohibits disclosure of medical records by “covered entities,” e.g. healthcare providers and their business associates, insurance companies, and clearinghouses. Employers and businesses are not covered entities under HIPAA.

Maybe the question meant to be asked is whether a law should be enacted to protect vaccination status? That doesn’t even make sense. Really, the question should be whether employers and businesses may require proof of vaccination status.

Good luck with changing the existing laws. There’s a long history of caselaw that says vaccination status is not protected by privacy rights under state and federal constitutions.

I discovered that HIPAA laws are meaningless. If your health care provider stores your records online, they are available to any doctor, nurse, receptionist, clerk, case manager, whomever, who can access them and pass the information on to a friend outside the organization. Pretty soon people you barely know have stunning personal information about your private medical concerns. Nothing that is stored online is private … for long, anyway. And, this won’t be reported as a “breach” because access to your records were made by an employee of your provider’s organization.

That’s called a breach and has to be reported to the state. There are penalties for breaches. So, no, HIPAA is not meaningless and without teeth.

I’m not sure what HIPPA is. I do know what a Hippo is, and they’re a lot more dangerous then people think.

nuremberg codes……
Go read them

Yes, this was written in regard to Covid vaccines in Canada, but it also applies to vaccines here in the US. It explains very clearly what the Nuremberg codes are and how they relate to Covid shots. And to answer the original question… a school, employer, or business can request proof of vaccination as a condition of entry. As long as the entity asking for your info is not sharing it with others, HIPAA does apply. https://www.ctvnews.ca/health/coronavirus/no-covid-19-vaccines-do-not-violate-the-nuremberg-code-1.5576156

Yolanda – The article you’ve cited is written by a partisan fact checker – not an authority on science or ethics.

And no this article does not apply to the US. In the US, the currently available vaccines are NOT FDA approved and hence experimental. Only Corminaty is FDA approved and it is not available.

Corminaty, is legally distinct from the currently available EUA vaccine, also by Pfizer. (see page 2, footnote 8) https://tinyurl.com/2b4dddr9.

GO AHEAD, FACT CHECK IT. The link by the FDA clearly states this.

So yes Nurenmberg very much applies.

My health is NOYFB. Period!

We all have the right to choose.

Whether it’s allowed by the government or not, that right cannot be taken from any of us.

Some of us may choose to relinquish that right, that’s our choice.

I choose not to tell anyone about my health.

No one of no thing should ever make that choice for me.

When someone asks, just ask them a question in return “Do you still beat your wife/husband ?”

Love it !!

good one…love it. Will remember to use that one.

No. We are in a public health crisis that is being prolonged by those who are not vaccinated.

Be sure to wear your seatbelt!

My health status is MY personal information….the government has no need to know. The only reason for the gov’t to want to know is so that they can try to mandate actions or control people.

People who sacrifice some of their freedom for a little security deserve neither.

So does this same logic apply to women that want abortions?

No… abortion is a life & death decision that involves two people and one of them has no voice in the matter.

If you happen to know who the father is, then it involves 3 people…. but chances are he won’t be allowed a voice in the matter either.
There are many childless couples who would beg to adopt your child.

No, it shouldn’t apply to the Covid vaccine and here’s why. HIPAA (Health Insurance Portability and Accountability Act is a law that was enacted in 1996. This law required that national standards be created to protect patient’s personal health information from being disclosed WITHOUT THE PATIENT’S KNOWLEDGE OR CONSENT. However, there are subsets of this law. For example, a patient’s PHI (protected health information), can be seen and disclosed to healthcare providers who need to know the information to provide proper health care, and to health plans who need the information to be able to determine what they will and will not pay for. Of course, there are various laws that pertain to all of that as well. But the main goal of the HIPAA laws is to protect the patient’s PHI while at the same time allowing the flow of information needed to provide high-quality health care and to PROTECT THE PUBLIC’S WELL-BEING. When it comes to the safety and protection of the public, privacy takes a back seat to that. The public have a right to know if someone they are working with or spending time with is unvaccinated. If you don’t want the vaccine that’s your right (at least for now) but when your rights could possibly affect other people’s health or even life then that’s a whole different thing. Plus disclosing whether or not you are vaccinated is not done without your knowledge or without your consent. So, whether or not it’s about protecting the public’s well-being, it still doesn’t violate HIPAA laws.

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