Quote (iceydicey @ Jun 13 2021 10:52pm)
i guess i should have included "businesses tangentially related to the medical field" since you want to use "medical professionals" in bad faith.https://www.hhs.gov/about/news/2020/04/02/ocr-announces-notification-of-enforcement-discretion.html
the enforcement discretion has nothing to do with what you're talking about, it literally says in the memo that it only applies to health care providers or their business associates, which i'm assuming your company falls under. do you understand who hipaa does and doesn't apply to yet?
I have addressed all of this.
If you'd like a real-world example of how the law works, you're always welcome to demand someone like a police officer show their vaccine card before approaching your vehicle. I think that's about the best way to test your theory in all reality (but I highly advise against this).
Also, I will agree with you in one way -- there are still businesses that require masks no matter what and don't bother with the honor system. You must understand the difference - barring entry to your establishment based on a blanket mask requirement for your own comfort (that assumingly you apply equally across the board) is different. I see these places occasionally and I just take my money elsewhere and they simply lose the sale. Consequences for choices - it's a life principle and if that business can't survive due to their choices, then that will be the result of their choices. They still violated no privacy laws.
This is not the same as requiring someone to give up their federally protected HIPAA/PHI rights in order to enter your establishment. Again, you're not allowed to pry into someone's medical history because it makes you feel better - this is not the same thing as instituting a blanket mask requirement (which requires no personal medical history) for anyone that enters your store -- that is your right and you haven't violated anyone's liberties in that situation.
I've been working in a related industry for 13 years (and I also did not confirm said related industry has any direct relation to a medical professional either -- I get where you're going. I do not work for a medical billing company). Your life is your prerogative and you're welcome to choose whatever path you see fit (and pay whatever price may come with said path). Attempting to "prove" I am right to you is honestly pointless, as I am sure those same people I referenced above who sit in prison for similar offenses didn't want to hear any of this either.
You will never, as a private citizen (business owner or not) be able to demand the medical history of another and not find yourself in federal court - your patrons as a business owner are public citizens and private ownership or not, you are still an establishment open to the general public and therefore, not permitted to deny entry based on any of the standard federal prohibitions. If you deny them entry based on the aforementioned (discrimination by means of violation of one's rights is one of said prohibitions), that's a big federal nono. You're welcome to challenge that reality if you'd like, but again, I seriously advise against it. However, it's your life.This post was edited by CyrusTheGreat on Jun 13 2021 10:22pm