bag checks

[Karenann*]

One of my group had mace taken from her at the bag check. Last day. Every other day no problem.

 

[CamoMama]

Actually HIPPA applies to what information providers can release and how they release it. Trust me I helped consult on the act.

From the HIPPA website;

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html

The Privacy and Security Rules apply only to covered entities. Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules' requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information. If an entity is not a covered entity, it does not have to comply with the Privacy Rule or the Security Rule


A Covered Entity is one of the following
A Health Care Provider
A Health Plan
A Health Care Clearinghouse

So Disney can ask anything they want, they are not a covered enity, and they are in no way breaking the law. I find myself frequently sending people who are supposed to know the law inside out to the the HIPPA website. Medical people and "compliance officers" are the worst offenders.

HIPPA only covers what your physician, or healthcare provider/insurance can release without your permission.

I have to agree with Jack, security checks are not really security checks. We had no trouble entering with firearms, but was questioned about a bag of granola.

You should tell that to the examination that is required to become HIPAA certified, which I have taken once per year since it became required for my job. I am neither a health care provider, insurance provider or a health care clearinghouse. I am, however, required as an HR specialist in the military to handle line of duty injuries and illnesses. I just got back from Afghanistan where we had nearly 200 LODs to process.

No one who is not HIPAA certified AND does not have a need to know can ask what your medical condition is and require an answer, legally. It is exactly the same as getting a GAC card, they are not permitted to ask what your condition is, just what accommodations are required.

 

[indygirl99]

"I am, however, required as an HR specialist in the military to handle line of duty injuries and illnesses. I just got back from Afghanistan where we had nearly 200 LODs to process. "


The military is its own enity and follows its own rules.

Check out the link I provided.

Disney is not military, it is civilian and has to abide by civilian law. They can ask anything they want and they are not breaking the law. Now that doesn't mean you have to answer them. It also means they can refuse you entry if they don't like your answers or your refusal to answer. I can tell you that this does not happen at Disney but they do have the law on their side.


I as a business owner can post that your packages are required to be examined before you enter my business. I can ask about anything you have in your bag inclucing any meds and if I don't like your answers can refuse you entry into my business. I am not breaking HIPPA law. This secnerio happens on a weekly basis at many concert and sports venues throughout the US and no one has been proscuited for violating HIPPA. Mainly because they are not covered enities as listed in the link I provided.

Also the Americians With Disabilities Act allows them to ask what your disability is. You can not accommonadate a disibility if you don't know what it is. Disney choses to ask the question in a manner that most see as friendly.

But again to the original question about bag checks I agree it is not a true security check.

 

[blackjackdelta]

Actually HIPPA applies to what information providers can release and how they release it. Trust me I helped consult on the act.

From the HIPPA website;

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html

The Privacy and Security Rules apply only to covered entities. Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules' requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information. If an entity is not a covered entity, it does not have to comply with the Privacy Rule or the Security Rule


A Covered Entity is one of the following
A Health Care Provider
A Health Plan
A Health Care Clearinghouse

So Disney can ask anything they want, they are not a covered enity, and they are in no way breaking the law. I find myself frequently sending people who are supposed to know the law inside out to the the HIPPA website. Medical people and "compliance officers" are the worst offenders.

HIPPA only covers what your physician, or healthcare provider/insurance can release without your permission.

I have to agree with Jack, security checks are not really security checks. We had no trouble entering with firearms, but was questioned about a bag of granola.

Hey thanks, I was just going to post again on the subject.

Jack

 

[LisainCalifornia]

I am wondering if it just "felt" like a half hour? I have been there at some of the busiest times (times when gates were closed due to crowds), and even then bag check takes 5-10 minutes at the very most. If you are waiting 10 minutes at bag check (and this would be highly unusual) it could definitely feel like a half hour!

 

[CamoMama]

The military is its own enity and follows its own rules.

No, it's not. It must follow HIPAA (not HIPPA) guidelines, just like everyone else. I checked your link, and that is the guideline for health care providers, yup. But even employers are not allowed to ask what your disability is, just what accommodations you require. They may need a doctor's verification of the necessary accommodations, but they can't actually ask what the disability is. I've also been through that with my child who has a developmental disability. I've had a HIPAA certification for a decade now, and take the recert every year.

Again, DIsney is not allowed to ask what your disability is when issuing you a GAC, why would you think a security guard is allowed to ask when entering the park?

 

[indygirl99]

No, it's not. It must follow HIPAA (not HIPPA) guidelines, just like everyone else. I checked your link, and that is the guideline for health care providers, yup. But even employers are not allowed to ask what your disability is, just what accommodations you require. They may need a doctor's verification of the necessary accommodations, but they can't actually ask what the disability is. I've also been through that with my child who has a developmental disability. I've had a HIPAA certification for a decade now, and take the recert every year.

Again, DIsney is not allowed to ask what your disability is when issuing you a GAC, why would you think a security guard is allowed to ask when entering the park?

As I said in a previous post I consulted on the act and know exactly what it covers and what can and can't be asked and who covered enities are.

After 32 years in the field I can tell you the worst offenders of not knowing the law are medical people and "compliance officers". If I had a dollar for every time I had to redirect these "officers" to the correct meaning of the law I would be retired by now.

I love to hear people spout "HIPPA" and then listen to them when they actually get what HIPPA really is.

Also disabilities do not fall under HIPPA they fall under the Americians with disabilities act which is a constantly evolving act. Again you can not accomminadate a disability if you don't know what it is.

As a note for full disclosure I am currently consulting with a major venue in the Pacific Northwest that we are training their security staff on correct search, allowed question, and the ADA training. None of which violates HIPPA or ADA. Some of which you may have seen or experienced at Disney. And some of which I wished Disney would adopt.

So please don't accuse me of not knowing the law.


Those of who consulted on the act will forever call it HIPPA because that is how we first wrote it. We joked about it should be HIPP"O" becacuse we were sure there would be a ton of paperwork involved. So HIPPA it will always be in my mind.

 

[WebmasterMaryJo]

Since the thread has taken a turn from discuss bag checks at DL to the nuances of the law, I'm moving it over to the DL Community board.

 

[CamoMama]

I love to hear people spout "HIPPA" and then listen to them when they actually get what HIPPA really is.

So please don't accuse me of not knowing the law.

It's hard to take you seriously when you don't even get the acronym correct. As I've said a couple of times, it's HIPAA, not HIPPA.

Those of who consulted on the act will forever call it HIPPA because that is how we first wrote it.

So what does the extra P stand for?

 

[indygirl99]

Since the thread has taken a turn from discuss bag checks at DL to the nuances of the law, I'm moving it over to the DL Community board.

Thanks Mary Jo.

 

[Teki]

When I went for the Little Mermaid/ Star Tours opening they had two lines on either side of the tables in the security tents a bag and a no bag, the no bag people were still stopped and checked for a bag but their line moved a little faster. That's the only time Ive ever seen them do that though. I usually have a bag and I never find it to be a big deal though.

 

[Teki]

Isn't that infringing on the HEPA Law? Just like when you get a guest assistance card they aren't supposed to ask what your condition is just what your concerns are. Some of the security personnel don't really know their boundaries, I think that might be the problem. But all in all, even with everyone having to go through the bag check line it goes pretty smooth but they do need a dedicated "no bag" line. They also need an annual pass holder line. Just sayin.

I sorta suspect they get bored... not that thats an excuse for violating innocent peoples privacy but I think thats the reason

 

[cmwade77]

"I am, however, required as an HR specialist in the military to handle line of duty injuries and illnesses. I just got back from Afghanistan where we had nearly 200 LODs to process. "


The military is its own enity and follows its own rules.

Check out the link I provided.

Disney is not military, it is civilian and has to abide by civilian law. They can ask anything they want and they are not breaking the law. Now that doesn't mean you have to answer them. It also means they can refuse you entry if they don't like your answers or your refusal to answer. I can tell you that this does not happen at Disney but they do have the law on their side.


I as a business owner can post that your packages are required to be examined before you enter my business. I can ask about anything you have in your bag inclucing any meds and if I don't like your answers can refuse you entry into my business. I am not breaking HIPPA law. This secnerio happens on a weekly basis at many concert and sports venues throughout the US and no one has been proscuited for violating HIPPA. Mainly because they are not covered enities as listed in the link I provided.

Also the Americians With Disabilities Act allows them to ask what your disability is. You can not accommonadate a disibility if you don't know what it is. Disney choses to ask the question in a manner that most see as friendly.

But again to the original question about bag checks I agree it is not a true security check.

actually, this is indeed not true. They are not allowed to ask what the disability is, just what needs you have. I.e. I can't stand for a long period of time. They can't ask why I can't stand for a long period of time. They did do this many years ago and got sued because they refused to give a pass to someone who got injured while waiting for Indiana Jones.

You cannot ask what various medicine is for; however, if you suspect it is something illegal you may call the police.

You can never discriminate against someone based on a disability or refusal to answer questions about a disibility.