HIPAA About This Page:

[Pax]

Originally Posted by JerseyDad

It's almost a shame that the HIPAA regulations even need to exist.....because it adds a feeling of, "I need to hide something" ...from everyone else.

It's called the right to privacy. IOW, I, and only I, am in controlof who gets to know possibly intimate and embarassing details of my medical history.

......all I'm saying ...really ...is it's a shame to have to hide who / what we are for fear of being ostracized.

It's not about "have to", it's about "can choose to, or choose not to". It puts the control of that choice directly in the hands of the person most affected by that choice.

Also note, "medical history" includes past issues, as well as current ones. For example: a recovered Alcoholic or drug addict, who today has their condition under control, might not want anyone to know about that condition.

Privacy is important, and not just "for someone who has something to hide", but as a general guiding principle for everyone.

[Pax]

Originally Posted by DisneyDana

What I find ridiculous is not being able to ask for proof before passing out cards to every Tom Dick and Harry.

There isn't proof for everyone with a disability to hand out.

First: not everyone's disability is plainly visible to the naked eye.

Second: not everyone with a disability, is under long-term medical care for it.

Third: 99.999999999% of Cast Members would be medically, legally, and morally unqualified to make a determination of disability, even provided a mountain of "medical history" documentation.

Fourth: even if the "proof" demanded was only "a doctor's letter" ... that sort of thing would be laughably easy to forge. Which would simply result in the system being gamed just as much, and people with legitimate disabilities, who didn't know to bring that letter with them, being denied accomodation.

Fifth: even suggesting some sort of national database registering every disabled person, run by the government, and strictly monitored ... wouldn't work. On the one hand, not every disabled guest at Disney is from this country. For two, thanks but I think I'd prefer not to stitch a yellow star on my lapel, if you catch my drift.

Sixth: the law preventing requirement of proof is for ALL accomodations, in ALL places - not just Disney. Can you imagine if you had to present a stranger with a doctor's letter describing every intimate detail of your disability, just to use the handicapped stall in a bathroom??

[Pax]

Originally Posted by DisneyDana

Proof wouldn't necessarily mean divulging intimate details though.

That all depends on what the nature of a given disability is, though. For my part, yes, "intimate details" would be necessary. Things I don't always even feel comfortable discussing with my family, let alone, with a complete stranger.

Maybe a basic card briefly describing that yes this person does indeed have physical or mental conditions that would require assistance? just something along the lines of ID?

Some questions for you, then:

Who issues the card?

What proofs need to be submitted, to get that card?

Where do you go, to apply for that card?

How much does it cost to get one?

How long is it good for?

...

And the big one: what if you're from a foreign country, and don't even know this card exists, nor any of the answers to the questions above?

...

Lastly, speaking as a disabled person myself ... I'll repeat: no Yellow Star on my lapel, thanks.

[lanejudy]

Originally Posted by DisneyDana

That's what everyone has argued for so long. Until now, the GAC was indeed better than equal so could WDW have legally been entitled to ask for proof all those years?

You actually raise a good question worth a direct answer...yes, Disney COULD require proof if they provide a "greater than equal" accommodation. One challenge of requiring proof is exactly how to manage that and avoid fraud at the same time -- a place like WDW which serves thousands of guests each day from not only all over the United States but all over the world, has no adequate way to verify "disability." It's already been discussed that there is no database for such and a near-impossibility for such to be created (not that WDW could get that done anyway). There is no way to on-the-spot verify that every doctor's note, letterhead, Rx pad brought to Guest Relations on a daily basis is legitimate. It's quite easy to create letterhead on a computer, and even an Rx pad could be created or stolen or forged -- there's a significant drug problem specifically related to this issue. Physicians in my area primarily prescribe electronically through a secure system to the local pharmacies -- no Rx pad in the exam room. For Disney to require documentation would need to involve a method of verifying that "proof" presented is actually legit. And that's just way beyond the scope of where Disney wants to go.

Back to Disney...GAC was never intended to be considered greater than equal - it sort of morphed into that over time (and I won't go into whether it was lax rules or CMs or guests bent on fraud or what). And along those lines Disney has continued to prefer to offer "equal accommodation." It was only "greater than equal" for some people, not all disabilities experienced GAC the same. Therefore, as a blanket statement, they cannot require proof for GAC (or the new DAS) without getting into an issue of which disability is which and how is each handled at each attraction and whether that is equal or greater...and so on. Pitting one disability against another isn't really a road we want to go down.

So, in a rather large nutshell, that is why Disney has not opted to require proof and is revamping a system that is intended to be "equal accommodation" for all disabilities. HIPAA and privacy really do not come into play here at all.

[PamelaK]

This thread is straying into the realm of personal attacks cloaked as opinions. The guides in this forum have received multiple complaints about posts in this thread.

The original post is below:

Originally Posted by Izjezted

I am trying to stay positive with this new change. But, I understand that if Disney wanted to, they could join the HIPAA website to verify disabilities, and that that would not violate HIPAA. I understand that if Disney opted into this site, that they would have absolute verification of who has a disability when a visitor asks for accommodation. Please correct me if I am wrong.

The concern was addressed with the following responses:

1. There is no national (or international) registry of persons with disabilities that Disney or anyone else can tap into for HIPAA information.

2. If such a registry DID exist, then only those professionals in a "Need to know" type of position could use the database and only for the information needed to do their specific job.

3. Any non-medical, non-professional use of said non-existent database would violate HIPAA and be against the law.

4. Disney has changed how they provide accommodations in a way that is consistent with their family-friendly focus and their new ticketing system. Exactly how it will work, remains to be seen.

With all of that being said, to avoid any further personal attacks and member complaints, I am closing this thread.