07-30-2021, 10:02 AM
(07-30-2021, 07:28 AM)Belsnickel Wrote: This has been a big talking point by a lot of people, especially people on the right, and including lawmakers. Unfortunately, this is based in ignorance of HIPAA. Note, I use ignorance in its true meaning, no tin a derogatory sense. I know you probably understand this, but some folks get their knickers in a wad when I use the term to mean a lack of knowledge.
Anyway, what HIPAA does is prevent covered entities from disclosing your health information without your permission (there are some exceptions, but this is the main crux of it). Who is a covered entity, you may ask? For the most part it is insurance companies and healthcare providers. So, this law does not touch the idea of an employer, or even a business you are looking to patron, requesting your vaccination status in order to provide employment, goods, or services. I really don't know how the idea that this violates HIPAA got in the minds of so many (well, I have some ideas), but it is categorically false.
Now, could an argument be made that there is a right to privacy that the request of this information could infringe upon? Not really. A condition for employment like this is pretty well supported in the law, and a business can refuse service for any reason other than a civil rights violation, which this would not fall under.
Interestingly enough, the government can get much more heavy handed with this whole vaccination thing. The law supports the idea of a vaccine mandate from the government, with criminal penalties for not complying. Jacobson v. Massachusetts sets up this ability for the government. I think it has been wise for them not to move into this realm and instead incentivize getting the vaccine as the evidence shows this to be a more effective method of coercion. The incentivization, combined with the private sector instituting their own requirements, is the best possible option for this in my estimation.
I don't remember much of a choice when we had an entire ship full of smallpox vaccine recipients conveniently quarantined and later mefloquine mondays for malaria protection and those were after the anthrax vaccines
