Fact check: Businesses (and journalists) can legally ask if you have been vaccinated.

[LetMyPeopleVote]

HIPPA does not apply here, MTG is an idiot

Link to tweet

Link to tweet

Vaccine opponents, including Rep. Marjorie Taylor Greene, R-Ga., are using the occasion to resurrect the false claim that the HIPAA federal privacy law protects individuals from being asked about their vaccination status.

On May 18, several GOP members refused to wear masks on the House floor in defiance of House rules on mask-wearing, including Greene. When asked whether she was vaccinated, Greene told reporters that asking about her vaccine status was a HIPAA violation. ....

The Health Insurance Portability and Accountability Act, or HIPAA, is a law that prevents health care professionals from sharing private health information without the patient's permission.

But experts agree the interpretation of HIPAA cited by Greene and others online is inaccurate. The law has no bearing on who can ask or answer questions about health status outside a health care setting, they say.....

Alan Meisel, a professor of law and bioethics at the University of Pittsburgh, told USA TODAY at the time that HIPAA’s rules apply only to sharing information between "covered entities." The U.S. Department of Health and Human Services describes covered entities as “health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.”

Meisel said the claim that HIPAA protected people from being asked about their vaccine status is “utter nonsense.”

MTG is an idiot

[iemanja]

1. The University I work at

has the same view of Hippa that MTG does. I'm told they are rethinking it.

[frazzled]

3. Public schools require children to be vaccinated

By state, local, or district laws. Here, for example, are the requirements for the Chicago Public Schools district
:

Physical Examination requirements due upon enrollment, or by 10/15/20 Physical Examination must be completed within one year prior to entry to:
 Preschoolandkindergarten(physicalexamandleadscreeningthroughage6)  6thgradeand9thgrade(ages5,11,15forun-gradedprograms)
 AnystudententeringCPSforthefirsttime
Dental Examination requirements due 5/15/21 for kindergarten, 2nd , 6th grade and 9th grade.
Diphtheria, Pertussis (Whooping Cough), Tetanus (DTP, DTaP & Tdap)
 Four(4)ormoredoses.Thefirst3doseswithintervalsof4weeksapart.Theinterval between the 3rd and 4th dose is at least 6 months.
 Thelastdosequalifyingasaboosterandreceivedonorafterthe4thbirthday  One(1)doseoftheTdapvaccinefor6thto12thgrades.
Measles, Mumps, and Rubella (MMR)
 One(1)doserequiredforpreschool,&aseconddoserequiredforallstudentskindergartento12th grade.
 1stdosereceivedat12monthsorlater
 2nddosemustbeadministeredatleastfourweeks(28days)after1stdose
Varicella (Chicken Pox)
 Two (2) doses of varicella are required for kindergarten, 1st, 2nd, 3rd, 6th, 7th, 8th, 9th, 10th,11h, & 12th grades. The first dose on or after the first birthday and the second dose no less than four weeks (28 days) after the first dose.
 One(1)doserequiredonorafterthefirstbirthdayforPrek,3rd,4th,5th,grades.
Pneumococcal Conjugate (PCV)
 Four(4)dosesrequiredforprimaryseries.
 Ifnonereceivedbeforeage24months,onlyone(1)doserequiredfromage24to59months
Hepatitis B
 Three(3)dosesrequiredforallstudents.
 1st dose at birth.
 2nd dose received no less than 28 days or 4 weeks after 1st dose.
 3rd dose received no less than 2 months after the 2nd dose and 4 months after the 1st dose.
Haemophilus Influenzae, Type B (HIB)
 Three(3)dosesrequiredforprimaryseries.
 Ifnonereceivedbeforeage15months,onlyone(1)doserequiredfromage15monthsto59
months of age. Not required age 5 years or older.
of age. Not required age 5 years or older.
“Evidence shows that healthy students have better attendance patterns and perform better academically. The following health requirements apply to all children enrolled in a Chicago Public School. Children must provide proof of required immunizations and health exams before October 15, 2020, or they will face exclusion from school.
Health insurance can provide children and their families with comprehensive health care coverage that can be used for doctor’s visits, immunizations, prescription medications, dental care, eye exams, glasses and more!
If you would like help enrolling your child in health insurance, call the Healthy CPS Hotline: 773-553- KIDS (5437) or visit www.cps.edu/cfbu
All Kids Health Insurance provides coverage for children in Illinois, regardless of immigration status.
If you need help finding a health center near you please call: 773-553-KIDS (5437) or visit https://findahealthcenter.hrsa.gov
EXAMINATION REQUIREMENTS
Vision Examination requirements due upon enrollment, no later than 10/15/20  EnteringtheStateofIllinoisforthefirsttimeatanygradelevel.
 Enteringkindergarten
IMMUNIZATION REQUIREMENTS
Polio
 Four(4)ormoredoses.Thefirst3doseswithintervalsof4weeksapart.Theinterval between the 3rd and 4th dose is at least 6 months.
 Thelastdosequalifyingasaboosterandreceivedonorafterthe4thbirthday.
 A 4th dose is not needed if the 3rd dose was administered at age 4 or older and 6 months after the
previous dose.
Recommended Vaccine
To prevent HPV cancers
HPV (human papillomavirus) vaccination is recommended for preteen girls and boys at age 11 to 12 years. Preteens need HPV vaccinations for protection from HPV infections that cause
cancer. CDC recommends that 11 to 12 year olds receive two doses of HPV vaccine at least six months apart. Teens and young adults who start the series later, at ages 15 through 26 years, need three doses of HPV vaccine to protect against cancer-causing HPV infection. For more information: www.cdc.gov/vaccines/vpd/hpv/p ublic/index.html
For more information about CPS health requirements, contact your School Nurse.
Meningitis Conjugate (MCV4)
 One (1) dose of the meningitis vaccine for 6th, 7th and 8th grades
 Two (2) doses of the meningitis vaccine for 12th grade.
 2nd dose must be administered at least 8 weeks after 1st dose
 If the 1st dose was given at age 16 or older; only one (1) dose will be required for 12th grade.

https://www.fosterpark.cps.edu/pdfs/Minimum-Health-Requirement-2020-2021.pdf

[iemanja]

4. the laywers had some idea

that it was different since we are a state institution. It's stupid.

Though, I think you know that not all public schools require vaccination.

[LetMyPeopleVote]

7. An employer cannot release medical info on employees

The employee can release such information. At my law firm we know who is or is not vaccinated but we are a medium size firm. My son is at big law firm and they have the policy that everyone acknowledges and agrees that if that they are in a public space inside the offices and are not masked, they are certifying that they are vaccinated.

Again HIPPA applies to employers, medical records facilities and other covered persons and not to the patient

[leftstreet]

2. Hard to believe, but she's actually too dumb to be Trump

A few of them are trying to carve out a space for themselves, but they don't have the pathological cunning he has

[Xoan]

5. HIPPA gives the patient the right ...

To remain silent. Eom

[Caliman73]

6. She is either an idiot, a liar, or both. I go with both.

HIPAA is about COVERED ENTITIES sharing medical information. Your doctors office, the hospital, your insurance provider, or other health or health finance agencies cannot share your information with anyone without your specific consent.

That is HIPAA in a nutshell.

It does not stop anyone from asking the patient directly about their health status. If journalists were going to Greene's doctor and trying to get information about her vaccination status, and the doctor gave them that information, THAT would be a violation of HIPAA. Journalists typically understand, at least to some degree, the laws surrounding access to information.

One question: Did any of the journalists there push back on her bullshit and/or stupidity? Like, "I'm sorry but that is absolutely untrue. HIPAA only applies to health care entities sharing information. It does not stop anyone from asking if you have been vaccinated."

If not, then that is a major part of the problem. Lies and ignorance need to be called out on the spot.

[Buns_of_Fire]

8. Is it against her "rights" to ask her if she's an idiot? nt

[captain queeg]

9. If you are not an idiot, prove it...

Seems to be the same thing they are using about stolen elections.

[LetMyPeopleVote]

10. HIPAA doesn't prevent you from sharing any information regarding your own health.

MTG is an idiot who does not know what HIPPA applies to

Link to tweet

Greene either truly does not understand what HIPAA covers (not this) or she is simply openly lying about the applicability of a federal law because she doesn’t want to say whether or not she is vaccinated.

That's understandable to a degree; it could hurt her street credibility as a leading anti-vaccine activist if she herself did receive the potentially life-saving inoculation.

While Greene may or may not have a legitimate misunderstanding about what type of information is covered under HIPAA, many others certainly do, which is why it’s important for us to break down the basics here.

HIPAA is a 1996 law designed, in part, to protect our privacy regarding some of our health-related information. HIPAA generally acts to prevent “health plans, health care clearinghouses” and other “health care providers” from revealing our medical information. If that sounds like a relatively narrow prohibition, that is because it is.

In terms of the problems with Greene’s response to a reporter, the reporter is not a health care provider or a member of any group covered by HIPAA. Journalists can ask about health-related information; if they were prohibited from asking such questions, it could be a violation of their First Amendment rights.

You know who else isn’t a health plan, health care clearinghouse or health care provider? Your employer. Employers get to ask their employees or prospective employees plenty of information about their health. That is why truck drivers’ employers can request information about their eyesight or require them to take a vision test, and that is why police departments can ask applicants to take physical fitness tests.

[Captain Zero]

11. There's one P in it, and it doesn't stand for Privacy

It stands for Portability.

Although the law has the privacy provisions that are being discussed here.

[GoneOffShore]

12. 'MTG is an idiot' - Coals to Newcastle there.