The P&R Plague Thread (Covid-19)

[BigRedBuster]

1 minute ago, knapplc said:

 

I'm just reading the guidance on HIPAA. 

 

I'm not saying you would have zero liability, but I don't think it's under that very narrow and specific law. 

See what I added above to my post.

[JJ Husker]

5 minutes ago, knapplc said:

 

I don't think you're covered, unless you work in a different field than I think you do.

 

https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/AreYouaCoveredEntity

 

https://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/

 

HIPAA privacy rules apply to any and every employer if handling people’s medical information is involved.

[knapplc]

2 minutes ago, JJ Husker said:

HIPAA privacy rules apply to any and every employer if handling people’s medical information is involved.

 

No, it only applies to general employers who are self-insured. A business with a medical plan administered by an insurance company doesn't fall under HIPAA

[commando]

11 minutes ago, BigRedBuster said:

I think it was @teachercd that brings up the fact you have to wear a mask while standing up in a restaurant or bar but once you sit down, you can take it off.  WTF???  That's just stupid.  

 

 

until we figure out how to absorb food through our foreheads i think it makes sense to take the masks off to eat.  that is why the tables were suppose to be at least 6 feet apart if i recall the distance correctly.

[BigRedBuster]

2 minutes ago, knapplc said:

 

No, it only applies to general employers who are self-insured. A business with a medical plan administered by an insurance company doesn't fall under HIPAA

OK, so I'm self insured. So, I fall under this.  

 

So....then the federal government was forcing me to break hipaa laws.

[knapplc]

2 minutes ago, BigRedBuster said:

the federal government was forcing me to break hipaa laws.

 

Not per the HHS guidance.

 

https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-covid-19-vaccination-workplace/index.html

[nic]

Not to be a downer, but I prefer making tests available. Omicron will be over before the masks are available. Plus aren’t healthcare workers N95 masked personally fitted to the individual…
 

https://www.cnn.com/2022/01/13/politics/biden-omicron-medical-team-deployments/index.html

 

[BigRedBuster]

4 minutes ago, knapplc said:

 

Not per the HHS guidance.

 

https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-covid-19-vaccination-workplace/index.html

Yes...I know exactly what it says.  I've been through so many webinars on this.

 

But....what I'm saying is that that mandate was forcing us to do something that previously was against the law.  I have a problem with that.

[knapplc]

1 minute ago, BigRedBuster said:

Yes...I know exactly what it says.  I've been through so many webinars on this.

 

But....what I'm saying is that that mandate was forcing us to do something that previously was against the law.  I have a problem with that.

 

That's understandable. 

[nic]

I am happy with the court decision. What was the for-against count?

[BigRedBuster]

7 minutes ago, nic said:

I am happy with the court decision. What was the for-against count?

Just looking at twitter, it looks like it was 6-3.  But, I haven't been able to actually find a valid news article stating that.

[JJ Husker]

28 minutes ago, knapplc said:

 

No, it only applies to general employers who are self-insured. A business with a medical plan administered by an insurance company doesn't fall under HIPAA

Well, the insurance company that administers our medical disagrees with you. They have specifically told me on many occasions that when it comes to handling employees medical information that HIPAA applies to us as well. Granted, since we don’t “administer” the plan we see less private medical information (as little as we possibly can) but there are many situations where we end up with private information anyway. We can’t not safeguard that information or distribute it willy nilly. Maybe “technically” HIPAA does not apply to us but we still have to act as if it does. I’m not about to test out some loose and free theory with government rules.

[B.B. Hemingway]

The courts did their job today, by pushing back on blatant government overreach. 

[knapplc]

3 minutes ago, JJ Husker said:

Well, the insurance company that administers our medical disagrees with you. They have specifically told me on many occasions that when it comes to handling employees medical information that HIPAA applies to us as well. Granted, since we don’t “administer” the plan we see less private medical information (as little as we possibly can) but there are many situations where we end up with private information anyway. We can’t not safeguard that information or distribute it willy nilly. Maybe “technically” HIPAA does not apply to us but we still have to act as if it does. I’m not about to test out some loose and free theory with government rules.

 

I don't know, JJ. I think you should listen to some guy on the internet you've never met instead of your insurance company...    

 

I think it's never a bad idea to behave as if HIPAA applies to your business, whether it does or not. 

[B.B. Hemingway]

1 minute ago, knapplc said:

 

I think it's never a bad idea to behave as if HIPAA applies to your business, whether it does or not. 

 

This is how I've always approached it.