Log in

View Full Version : Hippa violation?


msteurman
Apr 12, 2011, 06:53 PM
My daughter had a stroke at school. She went by emr to the hospital.The principal of the school went to my older daughter and asked her , not in privacy either- What kind of drugs is your sister on, she's popping some kind of pills or something to have had this kind of episode.It is now all over school, our home town, and also the internet that my daughter oded on some type of drugs.I have confronted the principal and other staff, he denies it, and is trying to get me to withdraw my daughter from school.She has been declared unable to attend school with a dr excuess, stress from the bullying and oversight of this same principal are blame for the stroke at school.Dr says she can't return to the environment where this took place, so they are giving me trouble and will not put her on home bound.Her therapist told me that this is a hippa violation, I'm not sure, and I'm considering seeking advice of a attorney. Any advice?My daughter is a sped student and also has mental health diagnosis of adhd/bipolar.Shes been picked on and bullied, includeing physically all year.

emtdan
Apr 12, 2011, 07:09 PM
I'm not an attorney but am a practicing EMT and familiar with HIPAA.

It's not a HIPAA violation. The only groups that HIPAA applies to are: health plans, health care providers, and health care clearinghouses. You can find this info at: http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html

The principal is none of the above. Asking is also not a violation.

Speak with the police about bullying. In many localities it is a criminal offense. The school can't stop such an investigation.

I do think you may have a case for slander or something similar. For that you'd need an attorney.

Fr_Chuck
Apr 12, 2011, 07:17 PM
Not a violation by any means, he would have had to be in the medical field, and tell someone private medical info.

He appeared to be questioning someone for evidence of an event that happened, while it would have been better to be done in private, unless her sister said she was using drugs, he just asked.

Talk about what happened and 100 stories would have been made up by someone anyway.

I see.
1. you don't like the school and this employee and want and hope to find a reason to sue him
2. the issue of bulling is sad and one that needs to be addressed for that issue, but, what have you done to help get child counseling for this stress prior to the medical event. Have you talked to the school resourse office ( police) at the school.

J_9
Apr 12, 2011, 08:00 PM
Since her principal is not her health care provider, it is not a violation.

HIPAA stands for Health Insurance Privacy and Portability Act.