From a Reader
I am putting everyone on notice, if I walk into a restaurant, bar, etc., and you ask me for proof of vac, I will immediately file suit against you. I will file both a personal and business lawsuit for violation of HIPPA Laws.
You have no legal right under any circumstances to see my private medical records. If you deny my entrance, I will consider it as a form of discrimination and a violation of civil rights.
I will use every law that is broken to destroy you. Be advised ignorance of the law is no excuse.
I will not and do not authorize any release of medical records to any business without my consent. And I do not give my consent just to participate as a member of society.
I have put up with the temperature checks, which are being performed by someone who is not a member of the medical profession.
Even that action is an invasion of your medical privacy. Since when does someone working at a restaurant, bar, etc. have the legal right to make a decision about your medical well-being based upon taking your temperature.
These actions of "show me your papers," stops now!
*Copied/Pasted
HIPPA laws and regulations only apply to doctors. Look it up dummy.
ReplyDeleteThe act came in under Bill Clinton, it applied at that time to all health care providers including insurers who would need access to your medical records. It pertains to the security and privacy of an individuals health records.
DeleteBecause at that time these were the only parties who could access your health records
Since restaurants and stores may ask for that same access they had better be compliant- "dummy"
Dear idiot, you are quite mistaken as HIPPA as you have underestimated can be accessed by law enforcement, social and health workers, attorney generals, long term care ombudsman, other medical professionals and a host of other legal and professional entities.
DeleteDUMMY writes;
"Since restaurants and stores may ask for that same access they had better be compliant-"
They are NOT asking for any medical information. They are requesting from the individual to take your temperature knowing from general knowledge that anyone above 99.5 degrees could possibly be ill and as a business they have the right to refuse you service. Day care facilities have used this screening for decades.
HIPPA says that a person who discloses information about them in a medical format cannot be shared with ANYONE, unless a medical release from the individual is obtained that specifically states who this information is to be given and why. A doctor who takes your temperature and a restaurant that takes your temperature are apples and oranges. One is a medical tool bound by HIPPA and the other is a public establishment using a tool to tell temperature, no more no less, full stop. If you think that a restaurant is violating HIPPA for taking your temperature is a HIPPA violation then DON'T LET THEM TAKE YOUR TEMPERATURE and walk away.
https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
Restaurants and stores can ask for anything they want as far as taking a temperature, demanding masks be worn of any type or configuration. This is their right to protect their business and their customers.
HIPPA is incumbent upon those who are in charge of a persons medical data, to not disclose this information to ANYONE, including family members.
Your rights are your rights and if you don't want to have your temperature taken then get up and leave. Don't complain and create a conspiracy of HIPPA which you know nothing about, "dummy".
Show me or tell me that a business doesn't have the right to take your temperature and how this relates to HIPPA.
Waiting!
" if I walk into a restaurant, bar, etc., and you ask me for proof of vac, "
DeleteWhoever wrote the rant was not referring to temperature taking. which they've clearly tolerated.
And which is why you've created a strawman arguement with the temp taking.
The libtards ALWAYS have to resort to false argumentative techniques. That is telling.
DeleteDummy writes;
Delete“Whoever wrote the rant was not referring to temperature taking. which they've clearly tolerated.” That is not true, if your read my previous post you can clearly see that I addressed the vax issue also by directing you to the HIPPA link. READ IT !!!!
Stock writes;
“I have put up with the temperature checks, which are being performed by someone who is not a member of the medical profession."
"Even that action is an invasion of your medical privacy. Since when does someone working at a restaurant, bar, etc. have the legal right to make a decision about your medical well-being based upon taking your temperature.
These actions of "show me your papers," stops now!"
This is stock talking about temperature. Stock also talks about proof of vac. There is no argument here. Stock can either show proof and enter the business or he can go sue them. End of story.
Show me how this is a HIPPA violation.
HIPPA for dummies;
HIPPA states that this law protects the individual from illegal access to your medical records. The only person who can give consent is the individual, who voluntary gives the provider said information. If you tell your neighbor about your medical problems then this becomes "common knowledge" and is now NOT privileged. If you tell your doctor, who is bound by HIPPA then this information IS privileged and he cannot disclose your information, as he is legally bound.
Cont.
Taking your temperature is a medical procedure.
DeleteIssuing a vax certificate is a medical record.
Disclosing either is up to you. If someone like a bar owner asks to take your temp. he has every right to, for you to enter. If bar protocols ask to see your vax card, that bar owner has every right to. If you don't want to show him your card, he has every legal right to deny you service.
It's that simple, end of story! You control your medical records. You don't get to control the bar owner’s protocol for protecting his guests. This is his business NOT YOURS.
There is in the legal community an understanding of "equal protection under the law" clause exists. i.e., if you live in the country that allows shooting and hunting you can shoot a firearm on your land. Your neighbors, under the “equal protection clause” have the right to peace and quiet, along with verification that your shooting neighbor has a legitimate backstop etc.
Taking the “equal protection under the law” clause there must be a law or regulation in place to have enforceability.
There is no law binding the owner of the bar nor the guest wanting service.
There is nothing binding upon the guest to show the vax record.
There is nothing binding the bar owner to refuse service.
In short, the choice of showing your vax card or having your temp. taken is up to you. No laws are being broken. The guest therefore has no legal standing to sue, just because he says so. When you step on the grounds and enter the establishment the owner can set forth any protocols, they so desire.
Its called the Americans with Disabilities Act. If I have a disability (even mental) that prevents me from getting the Jab, and you discriminate against me, I will bring suit in Federal Court.
DeleteOne last comment to temperature taking
ReplyDeleteAccording to experts they are little more then theatre
https://www.nytimes.com/2020/09/13/health/covid-fever-checks-dining.html
". Taking temperatures at entry points is nothing more than theater, they say, a gesture that is unlikely to screen out many infected individuals, and one that offers little more than the illusion of safety."
And covid has been all about illusions
Covid is not an illusion to the millions of Americans who have been affected by this disease and suffered untold deaths. Your link is bogus because in order to read it you have to subscribe to their online service, which means you didn't read the article and are full of crap.
ReplyDeleteOr it could mean I have a subscription to their online service? And you are full of crap.
Deleteadditional reading on useless temperature taking (and intrusive btw)
ReplyDeletehttps://www.ncbi.nlm.nih.gov/pmc/articles/PMC7403846/
"Data from previous outbreaks of other viruses (Ebola, Influenza H1N1) suggest that the number of cases detected by screening for body temperature is minimal or non-existent. SARS-CoV-1 screening procedures in Canada, Singapore, and Australia seem to have detected zero cases overall"