20/05/2021
Pa cuando comience la changuería local...NO es una violación a la Ley HIPPA pedir prueba de vacunación pa entrar a un sitio privado...eso viene por ahí.
Personalmente favorezco un app, la tarjeta es fácil de falsificar...crear el app no debe ser complejo, ahora quien lo hará, subasta de gobierno, escogerlo sin subasta, información privilegiada y bla, bla, bla....esa mini serie ya mismo comienza🤦🏻♂️🤦🏻♂️🤦🏻♂️🤦🏻♂️
There has been quite a bit of misinformation about the legality of businesses requiring proof of vaccination.
People have mistakenly claimed that this violates the Health Insurance Portability and Accountability Act (HIPAA). Let’s discuss.
HIPAA is a federal law that protects sensitive patient health information (PHI) from being disclosed without patient consent or knowledge. While vaccination cards are PHI, HIPAA does not pertain to most of the businesses that may request proof of vaccination.
HIPAA only applies to healthcare providers, health plans, healthcare clearinghouses, and business associates of these three. HIPAA does not apply to the average business, and it doesn’t protect a person from ever having to disclose health information. There are no laws that prevent businesses from asking about health or vaccination status or requiring masks.
Requiring proof of vaccinations is not new; it’s required to attend schools, to travel to certain countries, or to work in certain fields. In fact, providing legal proof of vaccination began in the early 1900s. The Supreme Court ruled in 1905 (Jacobson v. Massachusetts, 197 U.S. 11) that health departments had the right to mandate smallpox vaccinations and to require proof of vaccination.
The administration has said that a vaccine passport may be required in the future for international travelers entering the U.S., but it will not impose a federal requirement for domestic purposes. Within the U.S., states have taken very different stances on what has become a hotly-debated issue.
Other countries have or are planning to employ COVID-19 vaccine passports or similar. Denmark plans to use "Coronapas" vaccine passports domestically and potentially for international travel. Israel’s "Green Pass" system links users to their personal health ministry data and grants access to facilities such as hotels, gyms, or theaters. Estonia introduced a digital vaccine passport, VaccineGuard, which is issued through their national patient portal.
So no, while it may frustrate those who don’t want to get vaccinated, it is entirely within the rights of businesses to request proof of vaccination and deny entry for those that refuse to answer.
Sources:
https://www.hhs.gov/hipaa/index.html
https://www.hhs.gov/hipaa/for-professionals/faq/190/who-must-comply-with-hipaa-privacy-standards/index.html
https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-passports-and-the-u-s
https://www.usatoday.com/story/news/factcheck/2020/07/19/fact-check-asking-face-masks-wont-violate-hipaa-4th-amendment/5430339002/
https://supreme.justia.com/cases/federal/us/197/11/
https://www.beckershospitalreview.com/cybersecurity/does-a-vaccine-passport-violate-hipaa-experts-weigh-in.html
https://www.bbc.com/news/world-europe-56522408