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?

ChihuahuaMomma

I don't think a school is going to have to abide by HIPPA. Keeping the notebook on a desk is stupid. And their method of having her grab her things and leave right then wasn't too tactical.

edsnopse

I'm learning that FERPA kicks in where HIPAA leaves off. FERPA protects all student records including health records.

ScottGem

Ok, there is a difference here between deliberately revealing medical or student records and what occurred here.

Was the school being stupid in singling out your child? I would say so. Did the violate HIPAA? No.

Was the nurse careless in allowing your child to see the notebook? Yes, Was it a violation of HIPAA or FERPA? No.

The most the school and the nurse are guilty of is carelessness.

edsnopse

So Hipaa / Ferma regulations only apply to intentional (not negligent) acts? What accountability does a school have then for publicizing a child's health condition - and one with a social stigma to boot? What incentive is there for a school to be protective of a child's private information?

Please indicate if you are an attorney or HR professional in your response. Thanks for your input.

ChihuahuaMomma

Purposely divulging confidential information would be considered a violation.

edsnopse

Is divulging private health information only a violation if it's intentional (not accidental)?

angel0772001

It applies to any way you use it. You are giving out someone elses information that you were responisble for so yes it does and you can be in alot of trouble and pay up to if not more than a $100,000.00 fine

Wildsporty

A Hipaa violation is a violation. It doesn't matter if it is intentional or not.

Document the mistake...document what you have done to prevent it in the future and if it is turned in as a complaint more than likely you will just get a warning to be more careful in the future.

Shirley

edsnopse

It turns out that negligence can result in a Hipaa violation. For example, improperly disposing of medical records is grounds for a Hipaa violation. Invasion of privacy, whether intentional or not, is also grounds for a Hipaa violation.

Thanks again for your input.