As an addition to a recent post, I was very interested to read that many mamas said schools are exempt from HIPAA regulations. Does any one have any more information about this? A school nurse is a health care provider, so she would be able to give out my child's health into?
Thank you for your reponses. In the past I had an issue with a school nurse, so I used that as an example. This was not the reason for the question. I have knowlegde of some HIPAA regulations and was required to attend an 8 hour training course. The purpose of my question was to gain knowledge in something I wasn't familar with. I also know teachers who have shared PHI, so I was wondering about that.
Why are people here treating this mom so poorly for asking a question? She doesn't know about it - answer the question and don't punish her for not knowing! She doesn't have an "agenda" - she just wants to learn.
Accusing her of whining? Fussing at her for not knowing about the rules? What!!!
For crying out loud!
There are several misinformed people on here!
I am a nurse, and have worked in a school corporation, and we a) ARE health care providers!, and b) ABSOLUTELY are held to the HIPAA standard regulations.
HIPAA prevents me from telling ANYONE who doesn't have a "need to know" anything about a child's health information. I cannot share medication info, disease diagnoses, previous surgical procedures, etc., with anyone who isn't authorized to receive the info. This law binds a health care provider in AND out of the facility, meaning I also can't come home and tell my husband about the kid who broke his arm and was transported to the ED (unless I omit the name).
HIPAA doesn't just protect you info when it is involved with health insurance; it protects your PHI (protected health information) ALL THE TIME, when it is given to a HCP.
Hope that helps. Please be advised though, that some places can share info without your consent within a facility like that. What I mean is that the child's teacher may be entitled to the health info without your knowledge or expressed consent. The nurse could NEVER share the info with other parents, children, etc., though. You will need to check with the school on their info sharing policies within the facility.
Huh? Do you actually know what HIPAA stands for? Health Insurance Portability and Accountability Act! Does that answer your question?
There are other laws that prohibit a school nurse from telling random parents what drugs your kids take but HIPAA isn't it.
A school nurse is a nurse, she is not a health care provider. Your school does not take health insurance.
What info are you worried about a nurse giving out? The nurse has the information you, yourself, provide to the school for your own child's protection: Information about your child's health history, chronic conditions, allergies, your insurance -- all provided by you to the school so that if your child must be rushed to the hospital from school, the hospital can get that basic information faster than waiting for you to get to the hospital and provide it. I'm not sure what data you fear a school nurse could give out and to whom--? What is the issue here?
Is this really about HIPAA or do you have some concern that a school nurse would tell everyone a child is on medications, perhaps? Or that a child had a chronic condition that parents would rather not be widely known? Any nurse who did that would be fired in any decent school system. Is the concern based in anything specific, or just in a fear of giving out health information, period?
There was a post on here in the past month or so where a parent was railing against having to give ANY health information to the school. Can you imagine if parents start wanting to withhold health information from schools? Kids wouldn't be allowed to enroll without it. If a kid did enroll without giving information, and was hurt or got sick at school, the child could end up much worse off if given meds to which the child had an allergy but no one knew about the allergy in time.... Isn't the need to protect the child's health more important than a concern about information release that may never happen?
Rhonda H, I think it's hilarious that you post "Another suburban whine". Don't you think protecting children's health info is more important than your post complaining that an overnight guest used your treasured hotel toothbrush? I guess your definition of whining is a LOT different than mine.
I am glad that some people take this issue seriously. Penny N. THANK YOU for taking privacy laws so seriously. We have terrible issues within our local school regarding health info privacy. It's important that people know rights and responsibilities regarding this issue.
Rhonda, are you really that childish? Geesh!
HIPPA exempt, yes. FERPA exempt... no. FERPA is a similar concept that protects educational records from being shared without purpose. It, of course, has limitations but in general is forbids the exchange of a student's educational records (including a school physical) without written consent. This includes sharing information with Medicaid for billing purposes. There are other regulatory protections included, but it's the educational equivalent.
Fun fact... when your child goes off to college and turns 18, he/she will need to sign a release allowing the school to send YOU his/her report card. This is part of the FERPA legislation too!
http://www.guttmacher.org/pubs/journals/3608004.html
http://privacy.med.miami.edu/glossary/xd_minors.htm
http://www.ehow.com/how_###-###-####_determine-what-right...
http://www.mnmsba.org/Public/PublicationShow.cfm?Publicat...
http://www.hhs.gov/ocr/privacy/hipaa/faq/ferpa_and_hipaa/...
http://www2.ed.gov/policy/gen/guid/fpco/brochures/parents...
Google, search.
Another suburban whine...
Leigh R., you told her right!
Sunshine, look. Other mamas agreed with my post.
School nurses are required to adhere to HIPAA regulations, but the previous post regarding the school and HIPAA was about the gym teachers weighing students and sharing that information in the school and on report cards. Gym teachers are not healthcare providers, and the school as a whole is not considered a covered entity to which HIPAA would apply.
Could you post a link to the recent post? So we'll understand your post better.
HIPAA governs health care providers. The school is not a health care provider but the nurse may be. Depends on the definition given by HIPAA.
Here is a site that gives specifics about HIPAA
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/
"Who is Covered by the Privacy Rule
The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”). For help in determining whether you are covered, use CMS's decision tool."
So the question is, does the nurse "transmit health care information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards." I doubt it but the only way to know is to ask the nurse at the school for which you're concerned.
School records are governed by FERPA, Family Educational Rights and Privacy Acts.
My conclusion is that your question is too broad. To answer this question one must know more specifics about your concern.
Here is a web site that discusses both HIPAA and FERPA, http://www.hhs.gov/ocr/privacy/hipaa/understanding/covere...
After doing some more research based upon answers I received from the question I posed yesterday, there are a few limited situations schools must abide by HIPAA rules. If they are billing your medical insurance then they must obide by HIPAA. The only reason my school has ever billed my insurance was for shot clinics.
Medical organizations that are subject to HIPAA rules must take all aspects of privacy into account for patients, even if there is no insurance involved for that patient. For instance, they can't dispose of a slip of paper with your name, DOB, and phone number withouth shredding the paper first. They can't disclose your health information to other people. They can't even acknowledge you are a patient.
There is quite a grey area that school medical information falls into. Some of it is covered by FERPA. But, at my school at least, things such as a student's name, address, DOB, place of birth, height, weight, previous school attended, and attendence record are all public record. The school can give that information out to anyone whenever they choose to. This is stated in the school policy book, and yes, it's a public school.
The name escapes me now, but there are some privacy provisions, similar to HIPAA, for the educational setting and are notified to parents taking part in the IEP (Individualized Educational Plan). As Flaming Turnip stated HIPAA protects health information and even still there are exemptions where mandated reporters can report someone who is suicidal, homicidal, and or being abused. Additionally, there are treatment planning allowances among health providers.
Of course schools are exempt from HIPAA, they're not a medical facility that accepts insurance.
They do, however, have to abide by some very specific privacy laws.
Your school nurse (just like your child's teacher) is not allowed to talk about your child or any health condition or medications except perhaps in very generic, vague terms in a hypothetical EXCEPT in an emergency situation where medics needs to be called and a doctor involved but you would have signed releases for that sort of thing at the beginning of the school year. What you really need to do is check all of the paperwork you received and signed at the beginning of the school year. That should answer all of your questions.
Our school isnt even allowed to tell party planners which, if any, kids are nut allergic.
In the earlier thread Scarlett posted a link that was very informative.
