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Old 09-28-2013, 04:29 PM   #1
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HIPAA

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.
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Old 09-28-2013, 04:39 PM   #2
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I would say yes, that is true, but (I work in a military medical facility) it would be a ridiculous risk for everyone involved. It is so easy to violate the HIPAA laws and can be a huge fine for the person actually letting whatever slip. Things you don't think would be a violation are.
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Old 09-29-2013, 12:00 AM   #3
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I am a healthcare worker and have had education about HIPAA

It is NOT a website that lists people with disabilities. There is no master list anywhere in the US of people with disabilities.

HIPAA stands for Health Insurance Portability and Accountability Act.
It is a law that covers portability of Health Insurance (how your healthcare insurance can be used.
The Privacy part sets standards for safe electronic storage or medical information and how information can be used and shared. It sets Standards for sharing information - basically, as a Health Care worker, I can access only information I need to do my job as a healthcare worker.
It also sets standards about sharing information between health care facilities like hospitals, clinics, etc.

HIPAA does NOT cover anything outside of health care facilities, so DISNEY (or any other business that is not involved in healthcare) is not under or involved in any way with HIPAA.

The reason Disney can't ask for proof of disability is that the ADA (Americans with Disabilities Act) says people can't be forced to prove their disability in order to get accommodations they need related to their disability.

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Old 09-29-2013, 01:02 AM   #4
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I am a healthcare worker and have had education about HIPAA

It is NOT a website that lists people with disabilities. There is no master list anywhere in the US of people with disabilities.

HIPAA stands for Health Insurance Portability and Accountability Act.
It is a law that covers portability of Health Insurance (how your healthcare insurance can be used.
The Privacy part sets standards for safe electronic storage or medical information and how information can be used and shared. It sets Standards for sharing information - basically, as a Health Care worker, I can access only information I need to do my job as a healthcare worker.
It also sets standards about sharing information between health care facilities like hospitals, clinics, etc.

HIPAA does NOT cover anything outside of health care facilities, so DISNEY (or any other business that is not involved in healthcare) is not under or involved in any way with HIPAA.

The reason Disney can't ask for proof of disability is that the ADA (Americans with Disabilities Act) says people can't be forced to prove their disability in order to get accommodations they need related to their disability.


My husband is an RN with 30 years of experience and I am a trained advocate for people with disabilities. We both would have said essentially the same thing. HIPPA protects your medical records and history. The ADA prevents asking specifically about your disabling condition; they can only ask what accommodations you need to experience the various attractions.
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Old 09-29-2013, 11:21 AM   #5
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Originally Posted by Izjezted View Post
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.
Interesting thought. What would you hope that could accomplish?
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Old 09-29-2013, 02:02 PM   #6
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Interesting thought. What would you hope that could accomplish?

....that could be the absolute worst thing that Disney could do from a liability standpoint. Because the DAS will still technically be administered based on "the honor system" ....you tell them your name and that you have a disability ...and they issue the card. And that's as far as Disney's personal investigation can go.

....if they were part of the HIPAA system ...and somehow made an incorrect assessment / judgement / decision on anyone based on the system not being up to date or for any other reason .....they'd be open to legal actions.

....it's probably wisest ...from a legal angle ...that Disney not become involved in the healthcare system.

....although the "honor system" aspect of the DAS may seem to be the possible weak link from protecting against fraud ....based on info that's been leaked from CM's that are now going thru orientation for the new system ...there are definite negative repercussions to those that intend to abuse it.
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Old 09-29-2013, 03:56 PM   #7
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FYI< here is the text of the ADA as it applies to public accomodations (which includes amusement parks, hotels, etc) and commercial facilities:

Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities
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Old 09-29-2013, 04:44 PM   #8
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....that could be the absolute worst thing that Disney could do from a liability standpoint. Because the DAS will still technically be administered based on "the honor system" ....you tell them your name and that you have a disability ...and they issue the card. And that's as far as Disney's personal investigation can go.

....if they were part of the HIPAA system ...and somehow made an incorrect assessment / judgement / decision on anyone based on the system not being up to date or for any other reason .....they'd be open to legal actions.

....it's probably wisest ...from a legal angle ...that Disney not become involved in the healthcare system.

....although the "honor system" aspect of the DAS may seem to be the possible weak link from protecting against fraud ....based on info that's been leaked from CM's that are now going thru orientation for the new system ...there are definite negative repercussions to those that intend to abuse it.
Legally, healthcare facilities could not share information with Disney because Disney would have no reason to have that information that is related to the person's medical care.
How, with whom, under what circumstances and why information is shared that is necessary to provide medical care for a person is what HIPAA is about.

There is no 'central computer' that has lists of people with disabilities, so there is no system to be out of date. Information is shared on thousands of individual health care/physician office computer systems, so there is no 'one stop shop' to get it from.
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Old 09-29-2013, 05:06 PM   #9
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Legally, healthcare facilities could not share information with Disney because Disney would have no reason to have that information that is related to the person's medical care.
How, with whom, under what circumstances and why information is shared that is necessary to provide medical care for a person is what HIPAA is about.

There is no 'central computer' that has lists of people with disabilities, so there is no system to be out of date. Information is shared on thousands of individual health care/physician office computer systems, so there is no 'one stop shop' to get it from.
Spoken like a true nurse! :-)
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Old 09-29-2013, 05:43 PM   #10
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Originally Posted by SueM loves WDW View Post
Legally, healthcare facilities could not share information with Disney because Disney would have no reason to have that information that is related to the person's medical care.
How, with whom, under what circumstances and why information is shared that is necessary to provide medical care for a person is what HIPAA is about.

There is no 'central computer' that has lists of people with disabilities, so there is no system to be out of date. Information is shared on thousands of individual health care/physician office computer systems, so there is no 'one stop shop' to get it from.

.....correct. I guess I short sheeted my overall response on that one. My base point was ...as you indicated ...Disney isn't in the healthcare business ...doesn't belong in the healthcare business ...so doesn't warrant access to that info ...for numerous reasons.
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Old 09-29-2013, 08:23 PM   #11
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.....correct. I guess I short sheeted my overall response on that one. My base point was ...as you indicated ...Disney isn't in the healthcare business ...doesn't belong in the healthcare business ...so doesn't warrant access to that info ...for numerous reasons.
Thanks for the input, Jersey Dad!
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Old 09-29-2013, 09:08 PM   #12
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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, [...]
As others have said, that's not how the HIPAA works.

And, let me throw yet another spanner in the works for this idea: the HIPAA wouldn't know a thing about disabled travellers from foreign countries. And WDW gets a lot of those.
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Old 09-30-2013, 10:11 AM   #13
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Thank you so much for this information. I do not work in health care, and I do not know about HIPAA laws, even with the countless HIPAA forms that I have signed. I am obviously ignorant on this issue.

I still do not understand from a legal perspective that if a patient waives privacy, and gives permission to contact a physician for verification, how that could be illegal.

For example, to get a handicap license plate, a physician needs to fill out a form issued by the DMV.

Thank you everyone for enlightening me so far.
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Old 09-30-2013, 01:53 PM   #14
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Originally Posted by Izjezted View Post
Thank you so much for this information. I do not work in health care, and I do not know about HIPAA laws, even with the countless HIPAA forms that I have signed. I am obviously ignorant on this issue.

I still do not understand from a legal perspective that if a patient waives privacy, and gives permission to contact a physician for verification, how that could be illegal.

For example, to get a handicap license plate, a physician needs to fill out a form issued by the DMV.

Thank you everyone for enlightening me so far.
A handicapped license plate or hang-tag is considered "better than equal" accommodation -- the user gets to park closer in spots that other non-disabled are not entitled to use. Therefore, proof of disability can be and is required.

Most public locations do not offer, nor strive to offer, "better than equal" accommodations. The ADA allows for "equal" access, not better. The intent is not to provide a special privilege beyond what's available to the general non-disabled public. Therefore, proof of disability cannot be required.

As to waiving privacy through HIPAA - that is specific to the patient and his/her circumstances. You can waive privacy for a family member(s), one or more physicians/facilities, etc. and usually for a specific purpose or timeframe. There is no way to waive that privacy to any/all outside sources. You certainly have the right to share any of your medical history yourself with anyone (the grocery store clerk, your next-door neighbor, WDW Guest Relations) -- HIPAA doesn't control that. But the bottom line is, WDW has no fool-proof way of verifying disability. Your local DMV can contact your doctor, WDW isn't going to do that.
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Old 09-30-2013, 02:37 PM   #15
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I believe what the OP is worried about may not actually be HIPAA related, but some website that would describe accepted medical diagnosis and what they entail?
I'm a nurse, and let me tell you, HIPAA is VERY strict about what can be viewed by whom. I cannot even access my own files. I cannot access my DH's or any of my children's, even though our records are all tied into the computer database at the hospital I work at. If I have a lab test done, I have to do as everyone else and wait for the doctor's office to call me or send me the results. This is for one reason - I do NOT need to access those files to do my job. I can only access what I need to do my job for any patient I am assigned. I can't even access a patient's file who is not my patient, unless I am filling for someone on break or on lunch - and then only to do what needs to be done at the moment (Let's say Sally goes on lunch, and asks me to watch her patients. If during the time she's gone Mr. Jones asks for pain medication, I can look up what he's allowed to have and when the last time it was given was. I CANNOT look to see what the social worker had to say about him or what his psych evaluation said, as I don't need that for the half hour I am providing care).
HIPAA also means I can't stand around with my co-workers and talk about a patient's test results, call a patient's home and tell his/her spouse test results, leave a message on the phone other than "Please call us back", or any number of things. It's sometimes a little frustrating, but as a patient, it's nice to know there are laws governing what can and cannot be shared.
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