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Home > Law > Other Law   »   HIPAA Violations?

 
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Old May 14, 2008, 09:02 AM
edsnopse
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HIPAA Violations?

My child was discovered to have lice at school.

1. The children were immediately lined up together to go to the nurse office for a lice inspection. My child was the only one told to take her belongings. Of course, the other children figured out that my child had lice. A notice was sent home to the parents, so they also know my child has lice.

2. My child noticed a notebook on the nurse's desk entitled "Lice". When the nurse opened it, my child could see student names. The nurse's office confirmed that it does keep the names of students who have had lice in a notebook on the desk.

Any thoughts?

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Old May 15, 2008, 06:59 AM   #21  
Wildsporty
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I agree that negligence can also cause a HIPAA violation.

I am an HR Professional...25 years to be exact.

Shirley
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Old May 15, 2008, 07:37 AM   #22  
edsnopse
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Scott - Your scenario doesn't work for this thread. 1) You have chosen to expose your broken leg by attending school. 2) A broken leg has no social stigma.

If you had an embarrassing health condition, say an STD, you wouldn't like it shared with your peers without your consent. A good bet says that you'd be looking into Hipaa laws at that point.

There's a famous quote about injustice that I can't locate right now but the gist is that injustices will exist until those who haven't experienced them are willing to acknowledge and speak out against them.
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Old May 15, 2008, 07:41 AM   #23  
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And I don't beleive the stigma about head lice is as bad as you say it is. Yes I know my scenario is a stretch, but it does have validity.
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Old May 15, 2008, 07:47 AM   #24  
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Maybe I hold the position that an STD has no social stigma and can be publicized without consent. :-)

Unfortunately lice does have a major social stigma in our culture, even though it has nothing to do with hygiene. Kids talk. And they remember. And they can be mean. And their parents can be too. We'll see how many invites we get from them now. That's quantifiable.
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Old May 15, 2008, 07:59 AM   #25  
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Students can be very cruel to other students. I raised 4 children and yes there were a couple of times they came home with head lice and we had to do the treatment.

Our school was much more professional in it's approach and I am truley thankful for that. The child is called to the office and taken to the nurse's station. They are checked over and if they have lice the parents are called and the child is sent home.

Nothing is in the child's file or noted in a notebook, at least not where anyone could see. The other students are simply told that Diania is ill and will not be coming in for a couple of days.

I would hope that all school would show the students such respect for their feelings, unfortunately this school did not. Children have feelings that are easily hurt and they do not easily get over traumatic events and to a child this was a traumatic event.

So often the child feels he/she is being punished for having head lice and that somehow it is their fault and that they are dirty or unclean. "Cooties" is a big one and it will follow the rest of the school year.

How unfortunate that your child had to endure this, and I truly hope that it never happens again. My daughter is a second grade teacher and there is a shampoo you can use on the child's head that will prevent lice infestation. I do not remember the name of it, but it works remarkably well. You might do some research and find out what it is. She uses it on my grandaughter and she has never had a lice infestation.

Shirley
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Old May 15, 2008, 08:55 AM   #26  
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Shirley - Thanks for the kind words. As a parent, you know how you look at their sweet little faces and want to protect them from every hurt. They're so vulnerable.

I've been braiding and spraying her hair as a precaution since I have no idea how/where she got infected. It was interesting to learn that lice can't live long away from a host - therefore are typically passed from person-to-person.

I'm talking to the school district's governmental department now with the simple goal of changing the process to protect children's privacy, dignity, feelings, etc. Wish me luck.
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Old May 15, 2008, 09:15 AM   #27  
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I wish you luck with talking to the School. Yes, i truly know the feeling after raising 4 of my own and several foster children it is hard not to feel for them and want to do what you can to take the hurt away.

If only everyone could experience that.

Shirley
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Old May 15, 2008, 06:09 PM   #28  
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Quote:
Originally Posted by edsnopse
Scott - Your scenario doesn't work for this thread. 1) You have chosen to expose your broken leg by attending school. 2) A broken leg has no social stigma.

If you had an embarrassing health condition, say an STD, you wouldn't like it shared with your peers without your consent. A good bet says that you'd be looking into Hipaa laws at that point.

You are aware that, in some jurisdictions, if you have certain STDs the healthcare provider is required to inform the state health department, which will then try and find all your sex partners so that they can be informed and tested for the disease? And yes, I have a feeling that Sue (or Johnny) is going to have a pretty good idea who the person is who may have infected them. The state feels the benefits of preventing the unknowing partners from infecting others outweighs the initial diseased person's right to privacy.

And, as you have found out, lice is contagious. The school may have been able to handle your child quietly and privately, but then how do they justify checking the other kids, to prevent it spreading?
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