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Old 02-20-2021, 06:36 PM
 
3,401 posts, read 1,555,656 times
Reputation: 1967

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Quote:
Originally Posted by TexasLawyer2000 View Post
I'm a conservative so my principals of small government largely apply to the federal government and leave the states to run themselves as they deem necessary.

That being said, I personally feel that states should not mandate children get the flu shot.

Now requiring children to get the flu shot in order enter government facilities and public locations is fine if the state and health officials feel it's best for the general population and greater good. But just mandating the flu shot for anyone just because they are a child seems like a reach to me.

what I don't understand is how Hippa laws don't apply to an employer requiring a vaccine. if I call out sick for work my employer can not ask me about my medical illness. i get a doctors note but in the note the doctor does not state my actual illness.

I always cringe when I hear the greater good. It's a term used to often take away individual rights.
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Old 02-20-2021, 06:46 PM
 
Location: Houston
26,979 posts, read 15,899,377 times
Reputation: 11259
Quote:
Originally Posted by justyouraveragetenant View Post
what I don't understand is how Hippa laws don't apply to an employer requiring a vaccine. if I call out sick for work my employer can not ask me about my medical illness. i get a doctors note but in the note the doctor does not state my actual illness.

I always cringe when I hear the greater good. It's a term used to often take away individual rights.
Let's talk about natural rights, specifically property rights and the right of association. An individual should not have to give up these two basic natural rights when he starts a business. An employer should have the right to hire, or fire, for any reason.

That includes an employee not getting a vaccine.

The reason man leaves the state of nature and forms governments is to protect the rights of property.
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Old 02-20-2021, 06:46 PM
 
8,299 posts, read 3,816,223 times
Reputation: 5919
Quote:
Originally Posted by justyouraveragetenant View Post
what I don't understand is how Hippa laws don't apply to an employer requiring a vaccine. if I call out sick for work my employer can not ask me about my medical illness. i get a doctors note but in the note the doctor does not state my actual illness.
I think you mean HIPAA laws. Not Hippa laws.

HIPAA laws do apply but it's important to understand what HIPPA laws are. The gist is that no one can disclose your medical information without your explicit approval. What this means is that your doctor or insurance company cannot share information with your employer without your consent.

No one is forcing you or your doctor to disclose any medical information about you. You have the right to refuse. If your doctor violates this, you have a right to hold them accountable in court (or arbitration depending which applies).

If your employers asks, and you don't want to share anything then don't. It's that simple.

That being said, the Project Bioshield Act of 2004 along with some other various laws allow the Administration to waive these rights and they did just that when President Trump declared COVID a national emergency. The extent of which this has been used is limited in nature to protect the population. For example, if you get COVID, health officials are legally allowed, by this waiver, to inform your employer and anyone else you may have had contact with about you having COVID so they, in turn, can notify people to get tested.
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Old 02-20-2021, 06:48 PM
 
8,299 posts, read 3,816,223 times
Reputation: 5919
Quote:
Originally Posted by justyouraveragetenant View Post
I always cringe when I hear the greater good. It's a term used to often take away individual rights.
You have voting power to change your elected officials.

You elect officials that are empowered to govern public facilities and public places. If you don't agree with the rules, stay away from those places and vote for someone else when you get a chance. It's not complicated.
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Old 02-20-2021, 06:51 PM
 
Location: Long Island
32,816 posts, read 19,496,494 times
Reputation: 9618
Quote:
Originally Posted by Variable View Post
The precedent is already in place. Many employers require a drug test as a condition of employment. If you refuse the drug test, you don't get the job.
requiring a drug test is not the same thing as requiring an experimental 'vaccine'




these current COVID 'vaccinations' are under an "emergency authorization...therefore they are considered, BY THE GOVERNMENT, to be experimental




therefore NO EMPLOYER can mandate it...not until the FDA fully approves it, then all bets are off the table.... …


…. but that STILL does not mean that insurances (to include government insurance) will not view it as experimental.... believe me I know just how this government works


the FDA is one of our biggest problems in the USA


actually the government is a major part of the problem..specifically the FDA


the FDA is quite possibly the worst organization in our government and is one of the main reasons that healthcare is so expensive.


our government...will NOT have cheap health care.....NEVER..... everything our government puts its greedy hands on goes to crap


the FDA (our government) is a major part of the problem, along with AMA, AHA,VA, Medicare/Medicaid(they are full of denial of service)

I was injured in Iraq..(my back)..the VA (government ) wanted FUSING, would not approve the disc replacement...yet BCBS (private ) would PAY FOR IT overseas (except for travel and lodging)it wasn't until dec 2004 that the fda approved it for single level...still the VA and Tricare (government ) would not do it (said it was 'experimental' ...even though it had been successful in Europe for nearly 3 decades)...FINALLY I won the battle against the government and had my back surgery in 2007

the lumbar DISC REPLACEMENT surgery was done in Europe for nearly 30 years before the FDA approved for it to be done here

and its BECAUSE OF GOVERNMENT (especially the FDA)...believe me government care is not what the basic American wants

its the way the government works....and it sucks
here what I went through:
VA patient needs a MRI...the government (va) NOPE use an xray...first time
2. xray doesn't show much..patient needs an MRI...the government (va) use the xray...you have DDD
3. patient doc I am in pain,,are you sure its DDD..doc the xray shows some funny spaces, could be DDD or could be something else...let's ask for a MRI..the government nope lets xray (each xray is RADIATING the person btw)...again funny spacing...must be DDD
4. same
5. same
6. same
7. same
8 same
.
.
15 same
.
.
23 same

23 times with the VA xray...its DDD(degenerative disc disease)


got to the doctor and PAY FOR THE MRI out of pocket...and we find out its... one CRUSHED disc, and 2 ruptured discs....now choices...the government(va) FUSION and still have pain, and limited movement(because at the time the FDA would not allow the replacement that had been being done in Europe for 30 years)(the FDA finally approved single level artificial discs in 2004, (the va and tri-care refused saying it was 'experimental"))...or non-government(blue cross) which would have covered me to fly to Europe to get it (minus lodging and the airfare) .....4 years of big pain, before my battle was won against the government

and medicare……. will deny lumbar artificial disc replacement.... not allowed (guess they see no need for OLD people to not have back pain)…. keep in mind this operation has been done, successfully, in Europe for 35 years
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Old 02-20-2021, 06:53 PM
 
3,401 posts, read 1,555,656 times
Reputation: 1967
Quote:
Originally Posted by TexasLawyer2000 View Post
I think you mean HIPAA laws. Not Hippa laws.

HIPAA laws do apply but it's important to understand what HIPPA laws are. The gist is that no one can disclose your medical information without your explicit approval. What this means is that your doctor or insurance company cannot share information with your employer without your consent.

No one is forcing you or your doctor to disclose any medical information about you. You have the right to refuse. If your doctor violates this, you have a right to hold them accountable in court (or arbitration depending which applies).

If your employers asks, and you don't want to share anything then don't. It's that simple.

That being said, the Project Bioshield Act of 2004 along with some other various laws allow the Administration to waive these rights and they did just that when President Trump declared COVID a national emergency. The extent of which this has been used is limited in nature to protect the population. For example, if you get COVID, health officials are legally allowed, by this waiver, to inform your employer and anyone else you may have had contact with about you having COVID so they, in turn, can notify people to get tested.

I figured there were laws waiving these rights. whether I get a vaccine or not could be considered medical information but as you have stated there are laws to waive individual rights in certain circumstances.
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Old 02-20-2021, 07:04 PM
 
Location: Houston
26,979 posts, read 15,899,377 times
Reputation: 11259
Quote:
Originally Posted by justyouraveragetenant View Post
I figured there were laws waiving these rights. whether I get a vaccine or not could be considered medical information but as you have stated there are laws to waive individual rights in certain circumstances.
HIPAA laws are a restriction of natural law, specifically the right of association and the rights of property. Thankfully, those odious restrictions have been lifted partially during this pandemic.

I realize, unlike Reagan conservatives, Trump faux conservatives don't care much for property rights or natural law philosophy.
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Old 02-20-2021, 07:14 PM
 
3,401 posts, read 1,555,656 times
Reputation: 1967
Quote:
Originally Posted by whogo View Post
HIPAA laws are a restriction of natural law, specifically the right of association and the rights of property. Thankfully, those odious restrictions have been lifted partially during this pandemic.

I realize, unlike Reagan conservatives, Trump faux conservatives don't care much for property rights or natural law philosophy.
I would not put myself in the trump conservatives group. I am more conservative than him. yes, a business can do what it wants. it can make any rule it likes but when it comes to forcing a medical treatment it should be off-limits.

I was having this argument with a friend and he is also conservative but believes that a business can require a vaccine. I argued with him and then he called me a socialist. what about an individual's right not to be forced to put a drug or foreign substance into their body?

wouldn't hipaa laws be protecting a person's right to privacy?

Reagan was a failure on the war on drugs. I am more libertarian.
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Old 02-20-2021, 07:16 PM
 
1,065 posts, read 472,502 times
Reputation: 949
Quote:
Originally Posted by Old Trapper View Post
It’s their right - anyone who voted for a GOP candidate can be thanked for the “right to work” status that protects employers and gives employees zero opportunity for protection for their work.
How do unions give employers this right? Your post makes no sense.
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Old 02-20-2021, 07:20 PM
 
Location: Houston
26,979 posts, read 15,899,377 times
Reputation: 11259
Quote:
Originally Posted by justyouraveragetenant View Post
I would not put myself in the trump conservatives group. I am more conservative than him. yes, a business can do what it wants. it can make any rule it likes but when it comes to forcing a medical treatment it should be off-limits.

I was having this argument with a friend and he is also conservative but believes that a business can require a vaccine. I argued with him and then he called me a socialist. what about an individual's right not to be forced to put a drug or foreign substance into their body?
You have the right to separate yourself from your job. Our truck drivers have to wear seatbelts even if they think they are safer not wearing it.

The fact is if you decide you are safer not getting the vaccine that is your right until you infringe on the rights of others. No one owes you a job.
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