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mac56

(17,574 posts)
Tue Jul 21, 2020, 01:43 PM Jul 2020

Just now on FB

Someone on FB just told me that she has a medical condition that doesn't allow her to wear a mask. HIPPA (not HIPAA) laws say she can't be denied entry to any (privately owned) business, and no one is even allowed to ask what her "medical condition" is.

This is awesome. Next time I go to the supermarket:

"I have a medical condition that entitles me to free groceries. HIPPA laws say you can't deny me, and you aren't even allowed to ask what my medical condition is."

31 replies = new reply since forum marked as read
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Just now on FB (Original Post) mac56 Jul 2020 OP
She might be in for a rude awakening Sherman A1 Jul 2020 #1
Yeah and she can still wear a face shield. underpants Jul 2020 #9
Interesting side line leftieNanner Jul 2020 #12
Airlines went through this phase w/ the service animals (people flying were bringing onboard... SWBTATTReg Jul 2020 #18
I agree that there needs to be some oversight leftieNanner Jul 2020 #19
I did not know that one could buy a fake certification...I sadly am not surprised and I guess... SWBTATTReg Jul 2020 #22
Isn't HIPAA specific to medical care facilities? mac56 Jul 2020 #21
We follow HIPAA regs for sports insurance and health info for kids camp registrations, etc. nt woodsprite Jul 2020 #26
Why would anyone with breathing issues expose themselves to one of the deadliest lung diseases? chowder66 Jul 2020 #2
Hahaha... exactly! FarPoint Jul 2020 #7
The first question gratuitous Jul 2020 #8
FBFacebook Where fantasy becomes your personal reality RANDYWILDMAN Jul 2020 #3
Sounds more like a psychological condition. HotTeaBag Jul 2020 #4
She. is. LYING. nt Baltimike Jul 2020 #5
She is! leftieNanner Jul 2020 #13
Didn't Trump identified a HIPPA on his mental acuity test? brooklynite Jul 2020 #6
LOL! leftieNanner Jul 2020 #20
A HIPPA with a long nose. TheBlackAdder Jul 2020 #25
Then say ok but no shirt no shoes no mask no service Fullduplexxx Jul 2020 #10
I can't think of any medical condition that excludes you from wearing a mask unless you have Cousin Dupree Jul 2020 #11
Oh please do cover your weeping face wound as well. Maru Kitteh Jul 2020 #16
Possibly asthma? Shrike47 Jul 2020 #23
No. Asthma wouldn't stop you from wearing a mask. I have asthma. No problem with a mask Cousin Dupree Jul 2020 #31
Totally false, anyone claiming so is an ignorant asshat. cayugafalls Jul 2020 #14
But they don't want that durablend Jul 2020 #17
Great resource for rebutting the buttheads. Thanks, cayugafalls. nt crickets Jul 2020 #30
Send them a link back to this article and shame them with Maru Kitteh Jul 2020 #15
Yeah, the ADA says that companies just need to make 'reasonable accomodations'. TheBlackAdder Jul 2020 #24
She is lying edhopper Jul 2020 #27
Our state osha has made it clear that companies must make accommodations to customers that can't MissB Jul 2020 #28
Pssssssssssst ... GeorgeGist Jul 2020 #29

underpants

(182,877 posts)
9. Yeah and she can still wear a face shield.
Tue Jul 21, 2020, 01:51 PM
Jul 2020

One or the other. We had some people at work trying to pull that crap. I read them he policy that’s one or both but you will wear something or your not coming inside the building. I got some heat for that but I said - it’s the policy abide by it or face discipline.

leftieNanner

(15,149 posts)
12. Interesting side line
Tue Jul 21, 2020, 02:00 PM
Jul 2020

On occasion in my grocery store, I have seen scruffy individuals shopping with dogs in tow (even puppies!) - which is particularly alarming in the produce department! When I asked the management about this, I was told that they cannot confront people because they could be service dogs and it's the same kind of HIPAA thing.

But with masks? I would think that anyone who could not wear a mask because of a "medical condition", would be sick enough that they should not be out and about.

Although, as it has been said here before - No Shoes, No Shirt, No Mask, No Service.

SWBTATTReg

(22,166 posts)
18. Airlines went through this phase w/ the service animals (people flying were bringing onboard...
Tue Jul 21, 2020, 02:10 PM
Jul 2020

all manners of 'service' animals. The airlines cracked down and said that they (people bringing animals onboard) had to bring a certification or something similar to prove that the animals were indeed service animals.

Perhaps some research will reveal what exactly constitutes proof of being a service animal, but this is going too far, in letting folks abuse this benefit afforded to the handicap persons who truly need these animals. The grocery store needs to crack down on those abusing this benefit afforded the truly handicapped.

leftieNanner

(15,149 posts)
19. I agree that there needs to be some oversight
Tue Jul 21, 2020, 02:12 PM
Jul 2020

But you can buy "documentation" and a service dog vest online.

I was pleased to see the airlines step up. I remember the guy who was savagely attacked by his seatmate's "service dog".

SWBTATTReg

(22,166 posts)
22. I did not know that one could buy a fake certification...I sadly am not surprised and I guess...
Tue Jul 21, 2020, 02:17 PM
Jul 2020

that perhaps some sort of cross checking should be done at the time of presenting the certification to the airlines, to the grocery stores, etc. (w/ a service animal) and if the certification is found to be fake, then the customer should be booted and banned for life. It probably won't happen I guess unless a lot more folks get attacked by 'service' animals, etc.

Sad, for the true service animals are truly heroes and undergo quite a bit of training. A definite slap in the face of legitimate service animals and their trainers everywhere.

gratuitous

(82,849 posts)
8. The first question
Tue Jul 21, 2020, 01:50 PM
Jul 2020

"You say you're claustrophobic, but when you say that while sitting in the closet with the door closed, I have my doubts."

RANDYWILDMAN

(2,675 posts)
3. FBFacebook Where fantasy becomes your personal reality
Tue Jul 21, 2020, 01:47 PM
Jul 2020

Don't waste your time. Zuckerburg is all about the money and he even helped Trump in 2016. So he is part of the problem not the solution.

Cousin Dupree

(1,866 posts)
11. I can't think of any medical condition that excludes you from wearing a mask unless you have
Tue Jul 21, 2020, 01:59 PM
Jul 2020

an open weeping wound on your face. Or facial nerve damage pain exacerbated by the pressure from a mask. Both extremely rare. Claustrophobic? Get a shield. Selfish babies

cayugafalls

(5,643 posts)
14. Totally false, anyone claiming so is an ignorant asshat.
Tue Jul 21, 2020, 02:02 PM
Jul 2020
https://www.msn.com/en-us/health/voices/stop-using-the-ada-and-hipaa-to-get-out-of-wearing-masks/ar-BB14tIy0

There must be a connection between the impairment and the reasonable accommodation being requested. In the case of masks, a person who has compromised lung function and struggles to get enough oxygen while wearing a mask has a legitimate need for accommodation, but a person who is blind doesn’t. Businesses cannot require you to disclose the nature of your disability, but you can’t request an accommodation under the ADA if you don’t need it for your impairment.

But wait. Does that mean stores are required to allow people with breathing-related disabilities to wander around unmasked and potentially spreading COVID-19? No, it does not, and here’s why. The ADA is centered around the concept of “reasonable accommodation.” Businesses and organizations that are open to the public are required to make reasonable accommodations for people with disabilities to access their facilities, programs and services. What constitutes “reasonable” depends upon many things, but the law is clear that accommodations are not reasonable if they would endanger workers or customers/visitors. For example, a person in a wheelchair who wants to sit closer to the stage cannot block the aisle in a theatre, because it would impede emergency evacuations. A hospital may legally prohibit service dogs from entering operating rooms to maintain a sterile environment for the safety of patients.

The ADA also allows a business to refuse service or employment to a person with a disability if their presence would result in a “direct threat” to the health and safety of others, and the threat cannot be eliminated through a reasonable accommodation. Based on COVID-19 guidance from the CDC and other global health organizations, persons not wearing a face mask pose a direct threat to the safety of customers and employees, so they can be prohibited from entering the store. However, there are other reasonable ways customers who cannot wear masks could be accommodated — such as curbside pickup of their items. So stores are required to serve disabled customers who can’t wear masks, but they aren’t required to serve them in a way that threatens others.

durablend

(7,464 posts)
17. But they don't want that
Tue Jul 21, 2020, 02:04 PM
Jul 2020
"However, there are other reasonable ways customers who cannot wear masks could be accommodated — such as curbside pickup of their items. "

"MUH GOD GIVEN RIGHT TO SHOP HERE AND THIS MASK OFF CARD SEZ SO!"

TheBlackAdder

(28,211 posts)
24. Yeah, the ADA says that companies just need to make 'reasonable accomodations'.
Tue Jul 21, 2020, 02:58 PM
Jul 2020

.

That was actually GOP wording to give businesses an out. Now, it's biting the MAGAts in the ass.

.

MissB

(15,812 posts)
28. Our state osha has made it clear that companies must make accommodations to customers that can't
Tue Jul 21, 2020, 03:21 PM
Jul 2020

wear masks.

Amongst the suggestions are curbside pickup. Or waiting outside while the employee does the transaction.

It doesn’t mean letting them inside without a mask, as the employees and other customers must still be protected.

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