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    ravid99's Avatar
    ravid99 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 3, 2012, 11:38 AM
    Hippa
    My daughter has ADHD and the school she has been going to has not been notified as of yet. Her "Grandfather" decided to go to the school and discuss her behavior and her condition with the Principal, a Councelor, and her Teacher without my Wife's or my permission. We are very concerned with the fact that the administrators spoke to the person without our permission. Can there be any legal actions that we can take as parents? Would we be able to sue? Was HIPPA violated?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
    Entomology Expert
     
    #2

    Dec 3, 2012, 11:46 AM
    No violation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Dec 3, 2012, 01:03 PM
    Neither the grandfather nor the school is a medical care provider. They are therefore not governed by HIPAA.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #4

    Dec 3, 2012, 01:03 PM
    Agreed - this is not a HIPAA violation because HIPAA applies to medical professionals and insurance companies, not to grandfathers or school administrators. It sounds like the grandfather disclosed medical facts about your child, so you seem to be asking whether you can sue him for doing so. The answer is no, unless the grandfather is a medical professional. However, I would question the school as to why they would talk to anybody about your child without either of the parents being present or giving permission - I don't care whether the subject was ADHD, your daughter's grades, her bus schedule, or whatever - have you asked the school principal about this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 3, 2012, 01:22 PM
    You could and should complain to the school about why they were discussing anything with the child's grandfather without the parent's written permission.

    But as noted, no HIPAA violation occurred because no medical professional treating your daughter revealed anything.

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