Mandates, executive orders, the law and your job

A U.S. President’s Executive Order or Mandate does not supersede federal law. In fact, it is the U.S. President’s duty and responsibility to implement federal law. The exceptions are the National Emergencies Act (50 U.S.C.§ 1601–1651) and the War Powers Act (50 U.S.C. ch. 33). President Trump declared the Covid-19 epidemic a National Emergency and then as required by law in February 2021 Biden re-certified the National Emergency proclaimed by Trump. However Biden’s assertion that “more than 500,000 people in this Nation have perished from the disease” now has very limited evidence to support it. FDA/CDC have recalled the PCR test which was used as evidence of pandemic and national emergency. The case for The National Emergency Act is voided by the absence of sufficient verifiable evidence. The PCR test used cannot tell the difference between SARS CoV2, flu and other pathogens, nor discriminate previously infected patients from infectious patients. Imagine a murder case in court and the alleged murdered person walks into the courtroom; case dismissed.

In the absence of national emergency, any U.S. presidential mandate or executive order (EO) applies only to the agencies of the Executive Branch. Consequent to such EO or mandate, if the administrators of those federal agencies are threatening federal contractors and grantees (for example your employer) with loss of business with the federal government, then those administrators are breaking existing federal laws.

CEOs and managers of companies should be defending their employees, instead of breaking federal law by asking for employee health or religious status. By U.S. law (OSHA), you cannot be compelled to reveal your health information, including whether or not you have been vaccinated.  

The federal agencies of the Executive Branch must follow the Executive Order, or else the agency administration or General/Admiral could protest the Executive order and could be fired. The agencies which buy from your company can stop buying if your employer does not mandate employees be vaccinated and report that to the government.  The government is “asking” your employer to act illegally under federal law. You have no obligation to give your vax status to your company, and if your company attempts to coerce you or punish you, then they become subject to civil fines. UYour company would be using a form of extortion and coercion, under color of authority (claiming they must comply). This is like mafia holding a gun to your head and telling you to buy their booze or pay for their protection.

If your employer is asking for your vax status, your company is saying to you that its business with federal government agencies is more important to it than your rights and U.S. law.    

Do you want to work for such a company?

It is illegal under U.S. federal law for the executives or managers of any company or any employer to ask for the medical status (such as your vax status) of an employee to use that medical status against the employee (for example to terminate your employment, suspend your employment, increase your insurance cost, coerce your compliance with company policy, etc.) “Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.” It is absurd and without legal merit to assert that vaccines which are already associated with more than 17,000 deaths in the U.S. alone are a “wellness program.” Neither you nor your healthcare provider can be required to provide your vaccine status. https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

The Health Insurance Portability and Accountability Act (HIPAA)(42 CFR § 403.812) and certain parts of Sec. 1135. [42 U.S.C. 1320b–5] of Social Security Act apply only to “Covered Entities and their Business Associates.” These “Covered Entities” are defined as the various components of the healthcare industry, for example a doctor’s office, hospital, pharmacy or medical insurance companies. These entities need your medical information to serve you.  HIPAA requires those entities to strictly maintain the privacy of your patient information under the Privacy Rule. Regardless If you are vaccinated or not, the entity which vaccinated you is not allowed to share that information with your employer without your permission.  It may be shared with other healthcare entities and relatives under specific conditions and certain parts of government in a national emergency under specific waiver by the Secretary of Health and Human Services. https://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html

https://www.cdc.gov/phlp/publications/topic/hipaa.html

The Privacy Rule under HIPAA, Project Bioshield Act of 2004 (PL 108-276) and section 1135(b)(7) of the Social Security Act are not suspended. But there is a limited waiver of certain parts “Sanctions and Penalties During a Nationwide Public Health Emergency.” But this waiver does not apply to typical employers, it applies to only to health care providers regarding patient information and not their employee information. There is no reason under law for a healthcare entity to share patient information with the patient’s employer. If you do not supply your vax status to your employer, there is no legal compliance reason for your employer to have it. https://www.hhs.gov/sites/default/files/hipaa-and-covid-19-limited-hipaa-waiver-bulletin-508.pdf

The Security Rule is not suspended or waived during a national or public health emergency. “The Security Rule includes requirements for covered entities [i.e. healthcare entities] to ensure the confidentiality, integrity and availability of all electronic protected health information they create, receive, maintain or transmit.” https://www.hhs.gov/guidance/document/faq-2005-security-rule-under-health-insurance-portability-and-accountability-act-1996

About budbromley

Bud is a retired life sciences executive. Bud's entrepreneurial leadership exceeded three decades. He was the senior business development, marketing and sales executive at four public corporations, each company a supplier of analytical and life sciences instrumentation, software, consumables and service. Prior to those positions, his 19 year career in Hewlett-Packard Company's Analytical Products Group included worldwide sales and marketing responsibility for Bioscience Products, Global Accounts and the International Olympic Committee, as well as international management assignments based in Japan and Latin America. Bud has visited and worked in more than 65 countries and lived and worked in 3 countries.
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1 Response to Mandates, executive orders, the law and your job

  1. islandbryan says:

    Good article, thanks.

    Aloha, Larry

    >

    Like

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