Low positivity is thanks to Sly and Dora pushing for all the free testing of everyone. You won't hear them talking positivity for a while.
XpressAg09 said:
Ladies and gentlemen,
I give you Single Digit Positivity.
BMX Bandit said:What part of HIPAA do you think says your employer can't take a covid test to return to work?TXTransplant said:
This has been a concern of mine for the past few months. Seems like HIPAA has been thrown out the window with this.
BMX Bandit said:
The point is that the HIPAA has nothing to do with it. Nothing in HIPAA says your employer can't do those things.
No, its not. The point is to prevent health care providers, health plans, etc. from disclosing medical information. If your employer tells everyone in the world you have COVID, that doesn't violate HIPAA (unless you work for a health care provider and they also provide your health care).Quote:
It certainly could lead to violations.
The whole point of medical privacy is to prevent an employer from intentionally or unintentionally disclosing personally identifiable medical information to others.
BMX Bandit said:No, its not. The point is to prevent health care providers, health plans, etc. from disclosing medical information. If your employer tells everyone in the world you have COVID, that doesn't violate HIPAA (unless you work for a health care provider and they also provide your health care).Quote:
It certainly could lead to violations.
The whole point of medical privacy is to prevent an employer from intentionally or unintentionally disclosing personally identifiable medical information to others.
BMX Bandit said:
If you are self-insured, then it may also apply to that company as well.
But generally, HIPAA does not apply to employers. That does not means it legal to divulge private information about employees. That can get the employer sued. (and HIPAA doesn't create any cause of action, so you can't sue someone for HIPAA violations. The government fines you).
Quote:
Employers with a Self-Insured Health Plan
Notwithstanding the discussion above regarding employers, a self-insured employee health plan maintained by an employer is a Covered Entity under HIPAA (i.e. the plan itself, not the employer, although we acknowledge this distinction is difficult to make for most employers). As a result:
If the employer obtained the information through its status as a plan (i.e., as the payer for the employee's health care services), then such information is PHI and subject to HIPAA (see first bullet above for Covered Entities).
If the employer receives the information in the ordinary course (e.g. voluntary disclosure by the affected employee), then the second bullet above regarding employer permitted disclosures is applicable.
Boy howdy, have I got news for you.LostInLA07 said:
Yeah but cumulative cases are still going up!
HtownAg92 said:
You guy's are forgetting about the OSHA General Duty Clause - that requires employers to maintain a safe workplace. That grants employers the authority/ right to require you to report positive test or possible exposure. This unprecedented situation has also relaxed ADA medical inquiry prohibitions. Employers are supposed to take steps to limit disclosure - such as not naming who is exposed to co-workers - but the disclosure is often inevitable when someone suddenly is absent from work and everyone knows it. I would not bank on gaining any traction with complaints about employers stepping on rights during this thing. The DOL has given employers a lot of flexibility to deal with this and minimize spread, and to keep employers working.
TXTransplant said:BMX Bandit said:What part of HIPAA do you think says your employer can't take a covid test to return to work?TXTransplant said:
This has been a concern of mine for the past few months. Seems like HIPAA has been thrown out the window with this.
It's not just requiring a test. My employer expects me to self report to my supervisor and HR if I have symptoms, or even if I choose to get a test but have no symptoms.
If they think you might have contracted it at work, then they will do an investigation.
I realize this is for contact tracing, but it's not private. People you work with know who has symptoms, who has been tested, and who tested positive.
I can't think of any other situation where coworkers know anything about your specific medical status or diagnosis (unless you choose to tell them).
You don't tell your supervisor/HR when you test positive for the flu. Or if you get tested for hepatitis. If you feel sick, you just take sick days.
Again, I understand those diseases are not as contagious, but I do feel like we have crossed a line.
BMX Bandit said:
If you are self-insured, then it may also apply to that company as well. But in that case, it still woudn't prevent them requiring a test to return to work.
But generally, HIPAA does not apply to employers. That does not means it legal to divulge private information about employees. That can get the employer sued. (and HIPAA doesn't create any cause of action, so you can't sue someone for HIPAA violations. The government fines you).
aTm2004 said:
KHOU is doing a story on Cy-Fair going back tomorrow and has 3 teachers who are scared. All are friggin land manatees and one is a MS theatre teacher.
aTm2004 said:
KHOU is doing a story on Cy-Fair going back tomorrow and has 3 teachers who are scared. All are friggin land manatees and one is a MS theatre teacher.
aTm2004 said:
KHOU is doing a story on Cy-Fair going back tomorrow and has 3 teachers who are scared. All are friggin land manatees and one is a MS theatre teacher.
LondonAg89 said:BMX Bandit said:
If you are self-insured, then it may also apply to that company as well. But in that case, it still woudn't prevent them requiring a test to return to work.
But generally, HIPAA does not apply to employers. That does not means it legal to divulge private information about employees. That can get the employer sued. (and HIPAA doesn't create any cause of action, so you can't sue someone for HIPAA violations. The government fines you).
It only applies if it's found out through the self insured health plan. Which most employers are finding out in other ways and it's completely legal