Not at all. She can be asked to wear a mask. Her response can be "I cannot wear a mask due to a medical condition" and at that point the business must leave her alone. She does not have to reveal what her medical condition is but she does have to inform the business that that is her reason for not wearing a mask.
The HIPAA Privacy Rule regulates the use and disclosure of protected health information (PHI) held by "covered entities" (generally, health care clearinghouses, employer-sponsored health plans, health insurers, and medical service providers that engage in certain transactions).
Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; or to identify or locate a suspect, a fugitive, a material witness, or a missing person.
Not even law enforcement can request medical information without warrant or a LE related purpose. You thought a business not engaged in health care services could request medical information? Smh.
She doesn't have to give medical information. I'm not saying that. It's the same as a handicapped person parking in a handicapped parking space. Said person has to show their handicapped but does not have to reveal what the handicap is.
You display a handicap placard and/or a disabled license plate to avoid law enforcement or a city parking authority from giving you ticket while using city services or disabled accommodation that gives you more of a privilege than others (e.g. vehicles with disabled plates or placards don’t have to pay for parking at meters in TX).
If you are going to express your need for differential treatment, you need to express your qualifications for it. ...And simply walking into a store is...?
Not at all. She can be asked to wear a mask. Her response can be "I cannot wear a mask due to a medical condition" and at that point the business must leave her alone. She does not have to reveal what her medical condition is but she does have to inform the business that that is her reason for not wearing a mask.
Not even law enforcement can request medical information without warrant or a LE related purpose. You thought a business not engaged in health care services could request medical information? Smh.
She doesn't have to give medical information. I'm not saying that. It's the same as a handicapped person parking in a handicapped parking space. Said person has to show their handicapped but does not have to reveal what the handicap is.
You display a handicap placard and/or a disabled license plate to avoid law enforcement or a city parking authority from giving you ticket while using city services or disabled accommodation that gives you more of a privilege than others (e.g. vehicles with disabled plates or placards don’t have to pay for parking at meters in TX).
If you are going to express your need for differential treatment, you need to express your qualifications for it. ...And simply walking into a store is...?
Bring on the HIPAA lawsuits babyyyyyyy
"If you are going to express your need for differential treatment, you need to express your qualifications for it."
You just made my argument for me. Thanks