O/T Legal Question... RE: HIPPA

[Tom]

If I get a flu shot is it part of my confidential medical record? NY state is requiring those in my workplace to display a sticker on their name badge if they got the shot. If you did not get the shot you are reqired to wear a face mask. Either way everyone can see your status. My legal question is then...is this a HIPPA violation of my confidentially rights? Please don't turn this thread into a debate over wether or not one should get a flu shot. Thank you.

 

[Pressing]

You have a great question and I believe it is a violation of your HIPPA confidentially rights

Summary of the HIPAA Privacy Rule

 

[EzekielAnon]

OT The same thing is happening in California. They don't make you wear a sticker for the world to see, but if you enter any patient care area without a mask your terminated. They are strong arming everyone to take this poison flu shot.

 

[MooseKnuckles]

I don't see the big deal its a flu shot so what if people know you got one.

 

[IWILLBEPRO]

depends wear you work?, for instance if you work in a hospital or medical profession this is usually procedure. also you might have signed a disclosure of medical records when hired.

 

[Tom]

bump

 

[Ripper Jack]

I don't think its a hippa violation because the shot isn't prescribed. You can walk into a pharmacy and buy a flu shot. I don't think its a violation.

 

[QuietStorm]

I don't see the big deal its a flu shot so what if people know you got one.

It's a big deal because it is a DIRECT violation of HIPPA law and his rights.

I'd discuss that with HR. My job also forces us to get the flu shot. We all know everyone got it because we have to, but they dont have the right to force me to announce it.

 

[Tom]

It's a big deal because it is a DIRECT violation of HIPPA law and his rights.

I'd discuss that with HR. My job also forces us to get the flu shot. We all know everyone got it because we have to, but they dont have the right to force me to announce it.

I have submitted a HIPPA complaint to the fed. We will have to see how they rule on this. Appreciate all the feedback from you guys.

 

[LEX]

interesting. I refused this year no one has enforced the MUST WEAR MASK on my badge. Funny cause a boatload of the people I dealt with in the last month have been sick as dogs, they all got that stupid shot.

 

[LEX]

I don't think its a hippa violation because the shot isn't prescribed. You can walk into a pharmacy and buy a flu shot. I don't think its a violation.

WHAT? you know what hippa is right?

 

[EzekielAnon]

I don't think its a hippa violation because the shot isn't prescribed. You can walk into a pharmacy and buy a flu shot. I don't think its a violation.

Deff not correct friend. I think he has a case it's just been such a struggle for myself and other co-workers it's like a grey area. I'm curious to see the outcome as I agree with the OT this it is a hippa issue.

 

[massai]

This is likely not a HIPAA violation as your employer is probably not a Covered Entity or a Business Associate of a Covered Entity (the parties to which the Privacy Rule of HIPAA applies).

Now, there is the matter of who administered the FLU shot and whether that party is authorized to disclose the information to your employer without your consent (they're generally not allowed to do so).

What most people dont know is that HIPAA allows a wide range of disclosures of your personally identifiable health information without your consent (see Summary of the HIPAA Privacy Rule CLICK: PERMITTED USES AND DISCLOSURES).

There may be some state privacy laws that further limit the disclosure of your PHI, but the only ones I'm aware of in NY apply to your HIV status and Mental Health condition.

Hope this was helpful.

 

[The Booger]

I would say yes.

It's no different than having a sticker that says "Hi, I have aids."

 

[Pressing]

interesting. I refused this year no one has enforced the MUST WEAR MASK on my badge. Funny cause a boatload of the people I dealt with in the last month have been sick as dogs, they all got that stupid shot.

Past Research Shows Flu Shot May Double Your Risk of Catching Another Type of Flu

**broken link removed**

 

[rock75]

It's a big deal because it is a DIRECT violation of HIPPA law and his rights.

I'd discuss that with HR. My job also forces us to get the flu shot. We all know everyone got it because we have to, but they dont have the right to force me to announce it.

And they don't have the right to force you to get the shot if you state that it's against your religion!

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[Turkishexpress]

It's not a HIPPA violation but may be a HIPAA violation

 

[HERCSTA]

No.

 

[Tom]

It's not a HIPPA violation but may be a HIPAA violation

LOL...I stand corrected

 

[rock75]

LOL...I stand corrected

So what's the status on this Tom?? Interested to hear man

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