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-   -   Son with Disability HIPAA rights violated? (https://www.askmehelpdesk.com/showthread.php?t=321222)

  • Feb 23, 2009, 07:32 PM
    cmlangley
    Son with Disability HIPAA rights violated?
    My son has Crohn's disease. At a recent conference with his teacher and other school personnel, his teacher told me that she explained to the students in my sons class that he had Crohn's disease, he had no control over his bowels and has to use the bathroom frequently. My husband and I were both shocked. I went to the principal and told him of this incident but he did nothing. I went to the district and told them of this incident and I have heard nothing. I have never filed a formal complaint on paper. How should I follow through? I am unimpressed with the Principal and his responses, and I do not feel I will get anywhere going through him. Thank you.
  • Feb 24, 2009, 06:10 AM
    JudyKayTee
    Quote:

    Originally Posted by Thewizard View Post
    I can understand!, Here is what I would do personally. I would write my story in emails to local tv stations or a investigative reporter type, we all have them. Those types of people love stuff like this, and if you are persistent, then you will get results. And, I see your point. The teacher had no right to say anything and has now embarrassed your son. So if it was me, I would get justice and email all my local new papers and tv reporters to at least ask for advice. I have done this and it works. To give you an example, A bit different but I bought a car once and due to my lack of understanding I was ripped off. I call who i could and no one could do anything, finally I said I am not going to take it. I emailed a local investigative reporter in my area, now she couldnt do much but in between emails I called the dealer. I said I just wanted to let you know I am taking this matter to TV and I am now talking with SOANDSO and as soon as we hung up I got another call from the owner and my money back. Point is, is that if raise enough stink and get the right people involved then things "happen" I hope you get what you seek, good luck


    ~Joe



    I don't think going to the media with this is a good way to take the attention off the son's problem. A problem with a car dealership is very, very different from the release of medical information.

    On the other side of things I don't see why the son is embarrassed by this - it's a medical condition with which he will live his entire life. A little understanding by his classmates can go a long way. Would he rather have people speculating why he's leaving the classroom somewhat regularly? I have a friend whose daughter is diabetic and subject to seizures. Once the teacher explained the situation she was no longer an outsider.

    But, no, it's not a HIPAA violation. If the OP doesn't want this discussed in the school she should retain an Attorney to write a letter stating exactly that.

    There is absolutely no shame or embarrassment about Crohns - it's a medical condition and I don't understand the outrage by the OP.
  • Feb 24, 2009, 06:17 AM
    Emland

    I don't get the outrage, either. I would imagine the teacher was telling the class to spread awareness of this disease and to explain why he may get special privileges (like going to the bathroom without having to ask for permission, etc.)

    HIPAA applies to medical professionals divulging information. I think the teacher may have been out of line for not coordinating this with you but it needn't go to extremes, IMO.
  • Feb 24, 2009, 10:56 AM
    cmlangley
    Quote:

    Originally Posted by JudyKayTee View Post
    I don't think going to the media with this is a good way to take the attention off the son's problem. A problem with a car dealership is very, very different from the release of medical information.

    On the other side of things I don't see why the son is embarrassed by this - it's a medical condition with which he will live his entire life. A little understanding by his classmates can go a long way. Would he rather have people speculating why he's leaving the classroom somewhat regularly? I have a friend whose daughter is diabetic and subject to seizures. Once the teacher explained the situation she was no longer an outsider.

    But, no, it's not a HIPAA violation. If the OP doesn't want this discussed in the school she should retain an Attorney to write a letter stating exactly that.

    There is absolutely no shame or embarrassment about Crohns - it's a medical condition and I don't understand the outrage by the OP.

    Wow, I'm shocked by the ignorance of this board! My TEN year old son now has the students in his class calling him "diarrhea boy", They ask him if he wears diapers, they turn off the lights on him while he is in the bathroom.

    I'm glad I followed through with my own instincts and I called a HIPAA Lawyer who said his rights have clearly been violated and we are filing a complaint with the office for Civil rights. I will not participate in this board any longer as I have been shown the utter ignorance and stupidity of its members.
  • Feb 24, 2009, 11:21 AM
    this8384

    Judy, the OP is never gone forever... you know better :)

    I agree completely; this woman is so angry that her son's class knows but she's willing to spread it all over town? So you go to McDonald's, Wal-Mart, the gas station... everyone is going to know him as the kid with Crohn's. Why not just drop it and let him live like a normal human being?
  • Feb 24, 2009, 11:39 AM
    Emland

    My daugther has attended elementary school for the last 3 years with a girl suffering from alopecia.

    She gets curious looks, open stares, polite questions and rude comments.

    Her mother IN COORDINATION with the school came in and explained what alopecia is and how if affects her daughter.

    My daughter donated 13 inches of hair last Spring Break because she was moved by her friend's story. She is growing it out to donate again.

    This angry mother is doing nothing to help in the understanding of her child's disease. Humiliating him in front of news camera's won't make it any better.
  • Feb 24, 2009, 11:40 AM
    this8384
    Quote:

    Originally Posted by Thewizard View Post
    Yes I misspelled the word...good job. Well than you also know that it varys state to state so what you know might not be correct for where I live. Laws are different in each state when it comes to laws. Including the lemon law which new hampshire does not have which is where I bought the car haha anyhow im now impressed thanks.

    New Hampshire (NH) Lemon Law Information & Lemon Law Attorneys/Lawyers Directory - AUTOPEDIAŽ - The AUTOmotive encycloPEDIA

    Do you get some sort of excitement over repeatedly incorrect statements?

    And by the way, the "regulars" aren't arguing with you; they're pointing out that you're wrong.
  • Feb 24, 2009, 11:42 AM
    JudyKayTee
    Quote:

    Originally Posted by Thewizard View Post
    ok, im done arguing with some of the regulars on here. Is this a help forum or a debate forum?



    It's a legal help forum. "We" pride ourselves on our correct answers. Some of the people are trained in the law, admitted to practice, great researchers, very knowledgeable, work in the profession (or bossiness) - or mix and match.

    When you post incorrect info, prepare to be corrected - and that includes me.

    Once again I don't understand how someone - you - can start the debate, lose the debate and turn passive/aggressive with your "I'm done arguing" whining and not feel foolish.
  • Feb 24, 2009, 11:45 AM
    spitvenom

    I feel bad for the kid and yeah maybe the teacher didn't go about it the right way. But throwing the kid into the media is just plain stupid. I forget who said it (I apologize) but teaching the kid how to deal with bullies is much more important then trying to sue or get someone fired. Oh yeah haha
  • Feb 24, 2009, 11:46 AM
    JudyKayTee
    Quote:

    Originally Posted by Thewizard View Post
    Judy I was talking about the HIPAA
    Uh, I have my vehicle salesperson's license. So "haha", I know the proper procedure for not only selling and registering a vehicle,



    I know you were talking about HIPAA. Here's what you said: "Well than you also know that it varys state to state so what you know might not be correct for where I live. Laws are different in each state when it comes to laws."
    Laws are not different in each state when it "comes to laws" - HIPAA IS FEDERAL LAW AND THE SAME ALL OVER THE COUNTRY.
  • Feb 24, 2009, 11:47 AM
    JudyKayTee
    Quote:

    Originally Posted by this8384 View Post
    Not sure why he used part of one of my posts, didn't put it in quotes and left the rest out...?

    Judy, is he pointing out to you that when he said what I might know may not be the law by him? At which point I posted a link showing that he is, once again, wrong?


    Bingo!


    PS - ha ha
  • Feb 24, 2009, 11:48 AM
    this8384

    Quote:

    Originally Posted by spitvenom
    I feel bad for the kid and yeah maybe the teacher didn't go about it the right way. But throwing the kid into the media is just plain stupid. I forget who said it (i apologize) but teaching the kid how to deal with bullies is much more important then trying to sue or get someone fired. oh yeah haha

    Absolutely. The OP is so hell-bent on sheltering her kid that she makes things worse. So he's got Crohn's... so what? The only way a child knows he's different than everyone else is when he's TOLD he's different.
  • Feb 24, 2009, 11:50 AM
    Emland

    Doesn't HIPAA apply to medical professionals?

    Oops, I forgot haha
  • Feb 24, 2009, 11:52 AM
    this8384
    Quote:

    Originally Posted by Emland View Post
    Doesn't HIPAA apply to medical professionals?

    oops, I forgot haha

    Yes, that's why there is no case. And anyone who encourages hiring an attorney is foolish to do so... it's a complete waste of money.
  • Feb 24, 2009, 11:52 AM
    Fr_Chuck

    Well HAHA,

    Well some of the chatting and a lot of the very poor legal advice have been removed.

    First as noted this is not a HIPAA violation. That deals with medical professionals, not education professionals, she may or may not have violated some school board rules of conduct.

    But, how did the teacher know, did parents or student tell her.
    And to be honest?? The kids already knew he used the bathroom in his pants and had to leave the room to use the bathroom, so the joking and teasing would be happening anyway, Most likely this was an attempt to stop it by educating them on his disability.
  • Feb 24, 2009, 12:07 PM
    Justwantfair

    I am actually surprised with a lot of the responses. Although this was not a HIPAA violation, I would be extremely infurated that the taught took it upon herself to educate the class while pointing out my child, especially without discussing it with the parents.

    Yes, people would notice that he used the restroom and was excused from class on a far more frequent basis, but I think ultimately the teacher should have addressed her concerns with the parents prior to the educational sit down.

    I am surprised how many think it was exceptable for the teacher to take the information to the class without a consultation. I would be angry if it was my child. It just isn't the teacher's choice.
  • Feb 24, 2009, 12:17 PM
    JudyKayTee
    Quote:

    Originally Posted by Justwantfair View Post
    I am actually surprised with alot of the responses. Although this was not a HIPAA violation, I would be extremely infurated that the teached took it upon herself to educate the class while pointing out my child, especially without discussing it with the parents.

    Yes, people would notice that he used the restroom and was excused from class on a far more frequent basis, but I think ultimately the teacher should have addressed her concerns with the parents prior to the educational sit down.

    I am surprised how many think it was exceptable for the teacher to take the information to the class without a consultation. I would be angry if it was my child. It just isn't the teacher's choice.



    No one that I can see is disagreeing with the mother's right - or your right - to be angry. The question is whether it's a HIPAA violation, whether is a violation of the child's civil rights and what/how/when to handle this now that the info is out there.

    The fact that the OP stormed off "forever" makes me think there's a little more to this than has been posted - just my opinion after a ton of posts on the legal boards.

    Should the mother tell the School Board? Sure. But does she want to call any more attention to this?
  • Feb 24, 2009, 12:22 PM
    this8384
    Quote:

    Originally Posted by Justwantfair View Post
    I am actually surprised with alot of the responses. Although this was not a HIPAA violation, I would be extremely infurated that the teached took it upon herself to educate the class while pointing out my child, especially without discussing it with the parents.

    Yes, people would notice that he used the restroom and was excused from class on a far more frequent basis, but I think ultimately the teacher should have addressed her concerns with the parents prior to the educational sit down.

    I am surprised how many think it was exceptable for the teacher to take the information to the class without a consultation. I would be angry if it was my child. It just isn't the teacher's choice.

    Like Judy pointed out, we don't know the full story. Maybe one kid inquired and the teacher said the OP's child has Crohn's; maybe she did have a sit-down with the entire class.

    I guess what it boils down to is what the OP thinks she can legally do about the situation. It's clearly not a HIPAA violation, but she states that she has hired a HIPAA lawyer who filed a complaint for civil rights:
    https://www.askmehelpdesk.com/other-...ml#post1567646

    So what is she really trying to get out of this? Upset, that's understandable. But the OP wants to take it to another level and nobody here is sure why.
  • Feb 24, 2009, 12:28 PM
    Justwantfair
    Quote:

    Originally Posted by JudyKayTee View Post
    Should the mother tell the School Board? Sure. But does she want to call any more attention to this?

    No, that would definitely contradict the complaint in the first place.
  • Feb 24, 2009, 12:29 PM
    Curlyben
    >Thread Closed<

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