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-   -   Violation of HIPAA disclosure between child's school & Physician's office? (https://www.askmehelpdesk.com/showthread.php?t=270536)

  • Oct 17, 2008, 06:03 PM
    jpd9002
    Violation of HIPAA disclosure between child's school & Physician's office?
    Thank you in advance for any responses.

    A child has been re-admitted to school with appropriate clearance after surgery, but with limitations set forth in a physician’s letter. For clarification, a school nurse called the Physician's office regarding some of the restrictions. As the parent were not notified, they objected to the contact without their notification and informed the Physician's office not to disclose any further information without their express consent. At that time a notice alert was placed on the electronic chart, which stated that this patient was not to be discussed with anyone except the parents.

    The following day, it was disclosed that the Physician's office manager spoke with at least 2people regarding the child's care without any appropriate consent and was unable to identify any of the persons which information was disclosed to, beyond "we spoke to the school twice"

    My questions is, is it permissible for a physician's office to disclose information to a child's school over the express objections of the parents in a situation such as the above? Keeping in mind that there was no urgent matter at hand, nor was there any threat to the child's well being.

    If there is applicable HIPAA section, quotes or appropriate case law on a matter remotely similar to the above, I would greatly appreciate someone pointing me in the proper direction, thank you again for any assistance.
  • Oct 17, 2008, 06:16 PM
    BIGBOPPER

    Try:http://http://www.hhs.gov/ocr/hipaa/. This is thed Government's official site for all things HIPAA. Also, try http://hipaa.org. This is also a good site, and links to the previously mentioned site. I used to work at a stress lab, and am somewhat, but not completely familiar with HIPAA. Hopefully they can answer your questions.
  • Oct 17, 2008, 07:46 PM
    Fr_Chuck

    Tough call since the school carries a custodial authority when the child is at the public school.
    ** they may talk to, question, and do counseling including in some areas even giving birth control, without any contact to the parent.

    Also communication between one medical professoinal and another medical professional is normally not considered a violation of the HIPPA laws.

    There are dozens and dozens of exceptions to HIPPA.

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