Anonymous asked in Politics & GovernmentLaw & Ethics · 4 weeks ago

Need serious legal question answered, please no guessing or opinions.  I'm having surgery in two weeks & was told they HAVE to do covid test?

I absolutely do NOT want this test, I am not sick and have not been anywhere since the lock down so there is no need for it. 

Can the hospital refuse my surgery if I refuse the test? Can they do that? 

What happened to our HIPPA  privacy rights? 

The hospital is in NY, not NYC but that shouldn't matter.... 

Thank you I really need help here!


Let me update this to include WHY I'm asking. NY has track & trace whether you're positive or not. My friend had ALL of her contacts notified, even ones she hasn't talked to in years. Her test was negative so the trace text just told them she was recently tested and would they like to be tested also. If it was positive they would have told all of her contacts she was positive. That's the part we find an invasion of our privacy. Your personal protection is your responsibility. 

39 Answers

  • 3 weeks ago

    The authorities DO not reach out to your contacts. I call bullshit.

  • 3 weeks ago

    Your option is to put off the surgery until this mass hysteria crap is over.

    And no they are NOT contacting everyone you know just because you had a test done.   I had the covid test done a few weeks ago for work..   Not a single person I know has been contacted

  • 3 weeks ago

    Get your procedure done my another medical center in some other state. They mostly likely will still want to do a routine test for COVID-19 but they may not have "track & trace" unless you are actually positive.

    You'll know who not to vote for governor next time around, won't you.

  • John
    Lv 4
    3 weeks ago

    you own the hospital and staff? if not hsve you bought out security? police?

    if not they can refuse you. after that it really depends on whether you accept their refusal.

    they may have valid concerns. but in the end it wont change the fact you wasted whatever money and time you already fronted up if you cant come to an agreement on procedures with your chosen hak place.

    legally? if its not life threatening why do you need surgury?

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  • 3 weeks ago

    If you don't have covid and you're not hiding anything, then there's nothing to worry about. Just take the test and go get your surgery. You're freaking out over nothing.

  • 3 weeks ago

    It's a liability issue for the hospital.  They risk serious legal consequences if they perform surgery on those they have not tested and confirmed virus-free.  For surgeries that are non-emergencies, a different protocol exists for preparation, one that would be much less-stringent.  For emergencies, hospital staff and facilities will be prepared as though the patient is infected. If you test positive, your planned surgery would be postponed until you are confirmed recovered.  If you refuse to be tested, your surgery will be canceled.

  • 4 weeks ago

    HIPAA is not absolute.  There are exceptions and public health risk is one of them (see link).  The hospital can refuse to do the surgery if you refuse the Covid-19 test.

  • 4 weeks ago

    If you want serious legal advice, why are you asking here, and not asking a lawyer?

  • 4 weeks ago

    HIPAA prohibits sharing medical data. It says  nothing about the actual treatment.

    Unless the surgery is necessary to keep you alive TODAY, they can deny treatment for any reason.

    Given the current fear of Covid-19, most doctors want to know if extra precautions are needed.

    Update to comment: No, you do not hear me. You specifically REFUSE to hear any of us that gave you THE answer you don't want to hear.

  • Anonymous
    4 weeks ago

    Yes, they can and will refuse to do the surgery if you refuse the test.  This has nothing to do with HIPAA or privacy rights.

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