Virginia Regulatory Town Hall
Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Regulations for Disease Reporting and Control [12 VAC 5 ‑ 90]
Action Amendment to comply with changes in public health practice
Stage Fast-Track
Comment Period Ended on 12/11/2019
spacer

588 comments

All comments for this forum
Page of 12       comments per page    
Next     Back to List of Comments
 
11/18/19  3:29 pm
Commenter: Josh Hetzler, Legislative Counsel at The Family Foundation of Virginia

People shouldn't be reported to the government for catching the flu.
 
On behalf of Virginia families, we oppose the proposed amendments to 12 VAC 5?90 that would mandate, for every person who gets the flu, that their name and personal information be reported to the government. (Including, "at a minimum", the following: their "name, address, age, date of birth, race, sex, and pregnancy status for females; ... available laboratory tests and results") We believe many Virginians would find this objectionable as an unnecessary and unwarranted governmental overreach into their privacy. Given that influenza is a very common sickness, this attempt to mandate reporting of identities and personal information to the government appears to be a new level of government surveillance into the ordinary life events of Virginia's citizens.  (Note: The Department's own 2018-19 Seasonal Influenza Surveillance Report states that "The CDC estimates that during the 2018-19 flu season in the US, 37.4 million – 42.9 million people got sick with the flu.") This likely explains why, until now, the regulations have expressly limited physicians' reporting of influenza cases to only the number of cases and type. (In 12VAC5-90-90(A) and (C).)
 
Moreover, the Town Hall Agency Background Document misleads the public about the nature and effect of this proposed change. On page 1, under "Brief Summary", the agency describes this change merely as "removes the requirement to report weekly counts of influenza diagnoses." But that is a glaring mischaracterization of what the actual proposed amendment will do. The amendment strikes the following words: "except that influenza should be reported by number of cases only (and type of influenza, if available)". Read in context, it is clear that the weekly reporting of the number of influenza diagnoses is not at all the point of the proposed amendment. Rather, the point is to begin requiring physicians and all "persons in charge of a medical care facility" to report every flu diagnosis, at the time it is discovered, and to provide "at a minimum" that person's "name, address, age, date of birth, race, sex, pregnancy status," etc. The misleading nature of the description is further demonstrated in the "Substance" section of the document, which states that "Amendments to current regulations will:" and then describes this amendment as follows: "Remove the requirement that physicians and directors of medical care facilities submit weekly counts of cases of influenza." Yet no mention is ever made of how individuals' names and personal information will now have to be reported to government officials when they get the flu. Neither is a justification anywhere offered for instituting this mandate. This gross mischaracterization only serves to confirm many Virginians' suspicions and concerns over why their government suddenly wants to know everything about them when they catch a common sickness.  
 
The Board has made this a "Fast-Track" regulation. According to Va. Code § 2.2-4012.1, the Fast-track rulemaking process is reserved only for "rules that are expected to be noncontroversial." While very few people are likely to be carefully watching for, reading, properly analyzing, and commenting on such subtle amendments in the minutia of health regulatory policy, that does not mean that it would not be controversial to those who did know about it. This is most definitely a controversial change, and we urge the Board to treat it accordingly, by pulling it out of this Fast-track process altogether. Given its controversial nature, this raises a serious question as to its legal legitimacy in this process.
 
Please do not promulgate this unnecessary overreach into Virginians' privacy. But at the very least, do not do it through a stealth "Fast-track" process where virtually no one is looking or would even think to look.    
CommentID: 76927
 

11/22/19  4:04 pm
Commenter: Aaron Tilton

STOP!!
 

People shouldn't be reported to the government for catching the flu. My medical records are private information between me and my doctor. The common flu is no reason for my information to be shared with any government or other outside entity.

CommentID: 76956
 

11/22/19  4:14 pm
Commenter: Elise Cox

Flu report
 

There is NO reason to gather citizens' personal information for flu case study. Do not subject the people of Virginia to unwarranted gathering of personal data. 

CommentID: 76957
 

11/22/19  8:18 pm
Commenter: Sarah Wamsley

The government does not need to know who caught the flu.
 

I feel that this is an unnecessary and unsettling invasion of privacy for my family's healthcare. All I can wonder is "what will my gov't do with a database of people who got last years flu" & "what other questions would I be required to answer"?

As a pediatrician neurosurgeons Governor Northam has been open about being pro vaccine and I believe made steps in the past to bring California style mandatory vaccines to Virginia. Why does he need to start compiling a list of people who are sick with the flu? What would a governor who wants to take away religious exemptions need with a list of people who got the flu? 

Most importantly *why* is this being hidden in another bill and being done quietly? If nothing else, the attempt at secrecy for implementing this is disturbing enough to cause concern. This is unacceptable and unwelcome.

CommentID: 76958
 

11/22/19  10:34 pm
Commenter: Amelia

Opposed to flu tracking
 

CommentID: 76959
 

11/23/19  6:00 am
Commenter: Sonja

Tracking not neccessary.
 
  • Tracking our personal information serves no purpose and would not only be a waste of time for my doctor's office,  but also a waste of time for our state. Who would pay for the extra time and paperwork this would require? It would be the patients and the taxpayers.  This is totally unnecessary and an overreach of our government.  My visit to my doctor for a common virus should not be any of the state's business. 
CommentID: 76960
 

11/23/19  11:25 pm
Commenter: Sarah

Stop! The Gov't first need to know who had the flu or not!!!
 

CommentID: 76961
 

11/24/19  2:32 pm
Commenter: Cathy

Reporting medical info to the government...
 

Heck no!  Medical is private!!!  This is exactly what I thought!  In order to know if their agenda is on track, they need diseases reported on folks.  I think they are spreading the flu in the chem trails and they want to know if it's working.  I'm sure they'll concentrate on southwest Virginia!  

CommentID: 76963
 

11/30/19  11:56 am
Commenter: Carley Graves, Virginia Tech

Flu tracking?
 

I see many others are strongly opposed to flu tracking.  While I am not necessarily against the idea I think more information needs to be provided on why cases of the flu need to be reported to the state and what the state plans to do with that information.  Medical professionals in the state have claimed that the flu shot has been near useless in the past few years.  Would data on whether an individual received a flu shot or not be collected as well?  Although I am aware that the flu can be extremely dangerous to some, it seems odd that something as seemingly miniscule as the common flu would be slipped into this list of reported diseases with no explanation provided.

CommentID: 76987
 

12/5/19  12:17 pm
Commenter: Pamela

NO
 

Keeping track of someone's personal information when he/she contracts the flu should NOT be done and should not be public information.

CommentID: 77067
 

12/6/19  1:35 pm
Commenter: Kathy

No government tracking
 

No to government tracking of people with the flu. This would be complete government overreach.  

 

CommentID: 77194
 

12/6/19  1:57 pm
Commenter: Nikki Flory

No to flu tracking.
 

CommentID: 77195
 

12/6/19  2:58 pm
Commenter: Melanie

Stop tracking people and let them be!!!
 

CommentID: 77197
 

12/6/19  3:01 pm
Commenter: Charity Fritz

Regulatory Changes Concern
 

I am very concerned with three aspects of the proposed changes.  The first centers around the requirement of sharing patients private medical information.  What good will come from having that personally identifiable information that isn't already achieved by the current reporting requirements?  No one outside of the doctor/patient relationship needs that information for effective treatment and prevention purposes.  

The second concern centers around the economics of the proposed changes.  Who will pay for the increased budgetary requirements of the changes?  We live in a state that is already failing in its' social obligations due to alleged "budgetary concerns."  We can't fully fund the waiver system for our citizens with disabilities...or fix our roads so we don't have some of the worst traffic in the country...but yet we want to add requirements for tracking a common illness?  The illogical nature of this proposed change is astounding.  

Finally, I am very concerned by the "fast tracking" of this proposed change.  It should be held up to the same public scrutiny as the majority of other proposed changes.  There is no emergency nature that necessitates the fast tracking of this proposal.  The fast tracking of this proposal, in fact, makes it even more suspicious.  Please consider returning the proposal to its' proper place in the regular process.  

CommentID: 77198
 

12/6/19  3:59 pm
Commenter: Anna Sullivan

No on flu tracking
 

Medical information must be kept confidential in all cases. I am opposed to tracking flu cases in Virginia or any other state. 

CommentID: 77202
 

12/6/19  4:41 pm
Commenter: Jennifer Love

No To Flu Tracking
 

There is absolutely no reason for the government to track people who get the flu or require them to report it. This is clearly being done to sell flu shots. 

CommentID: 77205
 

12/6/19  5:52 pm
Commenter: Deirdra

No to flu tracking
 

No to flu tracking. This is highly intrusive and a gross breach of privacy. 

CommentID: 77208
 

12/6/19  6:06 pm
Commenter: Sabrina Farris

Stop tracking the flu
 

CommentID: 77211
 

12/6/19  7:43 pm
Commenter: Airynee May

No flu tracking
 

Attempting to “track” the flu is a waste of time and resources.  The flu is a normal occurrence and it is in no way beneficial or practical  to try and track it.  The government needs to stay out of medicine and medical decisions.  While common illnesses are uncomfortable and inconvenient, the push to try and legislate medical procedures is a gross overreach and is unacceptable.  

 

CommentID: 77214
 

12/6/19  9:25 pm
Commenter: Zoe Byer

NO FLU TRACKING
 

CommentID: 77219
 

12/6/19  10:22 pm
Commenter: Rana

Cease and desist
 

Madams/Sirs:  In regards to the National Healthcare Safety Network (NHSN) to release such data (of that of infectious diseases) to the Board of Health through the NHSN, I urge you to halt this attempt for further government control. This is an infringement of our rights to privacy and one I am not willing to tolerate 

CommentID: 77221
 

12/7/19  1:47 am
Commenter: Barbara C

No to invasion of privacy
 

On what basis do these proposed changes need to be fast-tracked and therefore skirt the normal review process?  Why the rush to pass something in a stealth manner that does not allow Virginians adequate time to evaluate the consequences of this proposed change?  

Influenza is a common infection, and most people recover just fine after a few days of rest. Requiring physicians and facilities to report identifying patient information is a violation of medical privacy. My fear is that people who may require medical treatment or intervention—or who feel they want to check in with their physician for reassurance—might become reluctant to seek care if they know they will be reported to authorities.  No one should feel like it’s a crime to be sick...today it’s the flu, tomorrow it will be the common cold. Stop the madness. 

CommentID: 77224
 

12/7/19  7:30 pm
Commenter: M. Morris

Infringement of the right to privacy
 

I do not support the change to privacy rights in terms of reporting certain illnesses like the flu. The flu is very common and this change could lead to people avoiding medical assistance due to the fear of being reported. Medical information of this kind should and always remain private.

CommentID: 77237
 

12/8/19  7:46 am
Commenter: Kristen Hall

NO FLU TRACKING!
 

I do not support any tracking of any illness.

CommentID: 77241
 

12/8/19  7:52 am
Commenter: Adrienne

Stop tracking private health infomation.
 

This proposed legislation is a gross violation of privacy and down right disturbing. Please consider the possible ramifications of this. I do not agree with nor support this.

CommentID: 77242
 

12/8/19  7:53 am
Commenter: Rebekah Pitera

No invasion of privacy and no authority!
 

The VDH is not a legistlative branch of VA government; they do not have the authority to discuss or make laws. This proposed action is a total invasion of privacy and invades the doctor patient relationship by putting even more requirements on an already bogged down system of meaningless reporting by doctors. I urge you to drop it. 

CommentID: 77243
 

12/8/19  7:55 am
Commenter: K. Palumbo

VDH
 

I do not consent. You nor the VDH need to report our health statuses. This is an invasion of privacy. Thats breaking the law!

CommentID: 77244
 

12/8/19  7:59 am
Commenter: Mikhala Majeau

NO TRACKING
 

VDH is not a part of the legislative branch. VDH has no authority to make or suggest laws. This is a gross overreach of power. This is an infringement of my natural rights. 
Tracking people’s healthcare data is unconstitutional and unethical. I do not consent. 

CommentID: 77245
 

12/8/19  8:07 am
Commenter: Marcela

No on tracking the flu
 

It is an attack on privacy.  The government shouldn't have any rights when it comes to any thing medical.  The government is over stepping it's boundaries and it needs to stop!

CommentID: 77246
 

12/8/19  8:15 am
Commenter: Cassandra W

NOPE
 

Virginia Department of Health is NOT part of the legislative branch. They have no authority to suggest the passing of law!

Tracking my illnesses, submitting my blood, or taking other spicemens for testing is an invasion of my privacy. My medical information is NONE OF YOUR BUSINESS!  Stop trying to infringe on our rights!

CommentID: 77247
 

12/8/19  8:30 am
Commenter: Renee B

A BIG NO to FLU TRACKING , this is an infringement on our freedoms and medical privacy! Not good!
 

CommentID: 77248
 

12/8/19  8:54 am
Commenter: Jessica

No fly tracking- infringement of privacy
 

CommentID: 77249
 

12/8/19  9:02 am
Commenter: Debbie Pierro

NO TO TRACKING OF ANY AND ALL KINDS
 

Vehemently opposed to any and all tracking of personal data especially regarding health.  VDH is not a part of the legislative branch of government thereby has zero authority to suggest and or make laws.  This is a gross violation and represents the overreach of power.  It is an infringement of my natural, inalienable rights and the natural, inalienable rights of all people.  

It is also an infringement on the long fought for and legally binding protections of HIPAA.  Your collection of health information will require a breach of trust between doctor's and patients whether they know it or not as I am sure most doctors will comply with your insane request without informing the patient.  As it stands right now a person has to sign a piece of paper that releases information to other health care providers, which you are not.  Do you really think it is prudent to create a greater trust issue between doctor's and patients with breached confidentiality?  How will that assist VDH in containing a serious outbreak should one actually occur?  Also I query your due diligence in this matter of trust and what exactly you want to ascertain from such a massive undertaking? 

I think your time and energy from your position better serves We the People doing your due diligence in becoming informed through research and reading the Constitution so you can figure out how to protect the inalienable rights protected by the Constitution of We the People from corporate take over of our bodily autonomy and sovereignty of state while your at it.  This will also give you a measure of positive public opinion.      

Tracking of heath information is both UNCONSTITUTIONAL and UNETHICAL.  I DO NOT CONSENT.

CommentID: 77251
 

12/8/19  9:03 am
Commenter: Carmen Andrews

NO to trackig our health!!
 

This is a violation of our privacy and major government overreach. The VDH has no right even suggesting this law which is suspect in itself. We did not vote in our legislatures to have them remove our rights but rather to protect them. We need to stop this madness by holding politicians and legislators accountable when they try to remove our rights against the will of the people. Shame on you, men and women have died to protect these rights that you so freely want to remove!

CommentID: 77252
 

12/8/19  9:35 am
Commenter: Gina Wisor

ABSOLUTELY NO HIPPA VIOLATIONS
 

This is a violation of the HIPPA law! 

Here is a friendly reminder according to HHS: 

What Information is Protected

Protected Health Information. The Privacy Rule protects all "individually identifiable health information"held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."12

“Individually identifiable health information” is information, including demographic data, that relates to:

  • the individual’s past, present or future physical or mental health or condition,
  • the provision of health care to the individual, or
  • the past, present, or future payment for the provision of health care to the individual,

and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.13  Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security Number). 

*This needs to be quickly 

CommentID: 77253
 

12/8/19  9:37 am
Commenter: Ann Pittman

No flu tracking
 

The govt and its reporting agencies do not need to know when or if I'm sick. No flu tracking. 

 

 

 

 

 

 

 

 

 

 

CommentID: 77254
 

12/8/19  9:49 am
Commenter: Maureen Leahey

Violating HIPAA laws
 

By asking providers to report an individual, vs an unidentifiable number, this is a violation of PHI and HIPAA.  If this is going to be passed, you will need to have separate verbiage for the patient to sign, allowing their information to be used in data collecting and identifying where it is being sent.  The government is not above the law.

CommentID: 77255
 

12/8/19  9:54 am
Commenter: Kimberly Keyser

No use of anyone’s personal medical files
 

Where do you begin when anyone thinks there above my freedom to share my personal medical info without my written consent! It’s not ok to infringe on those rites. Where is this country going? NO one has the rite to look at our personal health it’s private and between the trust in our Drs! I’m saying NO to taking those rites. Please keep peoples lives personal as it should be. Stop this crazy Histeria ! I don’t want insurances running my life or my choice to live healthy as possible no matter what I decide.. consider living healthy exercising and finding non medical to help our bodies instead of being controlled by the medicine world.. 

CommentID: 77256
 

12/8/19  10:23 am
Commenter: Lindsay Marie

No flu tracking
 

I am strongly opposed to the government oversight and tracking of my personal medical information. No flu tracking! 

CommentID: 77257
 

12/8/19  10:24 am
Commenter: Wendy

No to health tracking!!!!
 

My health is my business!!!  What an invasion of privacy!!  And by an agency that has no rights to make laws or receive any of our private information!!  Does this not violate HIPPA somehow???

CommentID: 77258
 

12/8/19  10:26 am
Commenter: Renee Gerow

HIPPA violation.
 

CommentID: 77259
 

12/8/19  10:27 am
Commenter: Richard Brewer

No to flu tracking or any tracking
 

No to disclosing any medical information period. There is no reason to know about my daily health issues. This is government overreach and an intrusion into my private medical records. Legislators are put in office to protect our rights and those ignoring those rights the will of the people need to be held accountable!! 

CommentID: 77260
 

12/8/19  10:29 am
Commenter: Laura

Absolutely not.
 
VDH isn’t part of the legislative branch, there for, shouldn’t be making or suggesting the passing of laws since they have no true authority to do so. 
I absolutely object to tracking illnesses down to the person. It will make it so that people who need  medical help will no longer feel safe to go see a doctor over a potential illness because they don’t want their information tracked.  It goes against our medical privacy. 
 



CommentID: 77261
 

12/8/19  10:29 am
Commenter: Richell Lindinger

Not Acceptable and UNAUTHORIZED, not protocol
 

According to the constitution we have a God given right to our Property, which is OUR bodies. You didn't give nor grant me life nor the flesh my spirit dwells in only GOD (Yahuah) has. You are not to infringe on any of my rights and that includes obtaining my DNA whether it be a hair follicle, a skin cell, or blood sample, or organ that has been removed. You don't need this and you are NOT AUTHORIZED to obtain any medical records or data on my family nor myself. 

Protocol:

DHS is not a branch of the government and has no right to execute laws. Did you miss government or were you sleeping? These laws have a legislative process that has to be followed, they can't be enacted willy-nilly. Keep in mind, what you have done to us, is also done to you and your loved ones. "As in the days of Noah" do you REALLY want to be part of thay?

This is tyrannical or did you forget the Nuremburg Court? This is just a way of tracking and using us as "test subjects". I don't belong to you because you didn't create me....

I WILL NEVER COMPLY with this.

CommentID: 77262
 

12/8/19  10:32 am
Commenter: Karen Gay

Outrageous!
 

I am sure that people sponsoring this law have the best interests of the public in mind. However, this proposal is akin to something out of Orwell's "1984". I don't believe our Government should track medical information of its citizens. I prefer and have the right to privacy! Also, I believe that new or revised laws should be proposed by elected officials, not by the Health Department for whom no one voted.

CommentID: 77263
 

12/8/19  10:33 am
Commenter: Ashley Harris

No flu tracking-no grounds for tracking
 

No to flu shot tracking and the VDH doesn’t have grounds to request or mandate this type of information.

CommentID: 77264
 

12/8/19  11:22 am
Commenter: Heather Graham

Heck no!!
 

No tracking of private health information, even for something as common as the flu. 

CommentID: 77265
 

12/8/19  11:45 am
Commenter: N. Martin

Absolutely not! Time for separation of Pharma and State!
 

CommentID: 77266
 

12/8/19  11:56 am
Commenter: Kristen

No health tracking
 

No health tracking

CommentID: 77267
 

12/8/19  12:18 pm
Commenter: Vikki Allen

NO TO ANY TRACKING
 

Absolutely no tracking, this is a gross overreach of government, a violation of HIPPA and a violation of personal rights of privacy. How disgraceful and Un-American. 

CommentID: 77268