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  #1  
Old 09-21-2009, 02:01 PM
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Hipaa


My childs daycare tried calling her Dr's office to get info on my childs skin condition without my consent. Is this a HIPAA violation or something else? The Dr's office did not tell them anything. I want to report my daycare but want the right info first. Please and thanks.
Ryan
Brevard co., FL
  #2  
Old 09-21-2009, 02:36 PM
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The school isn't likely to be a covered entity under HIPAA.
You'll need to contact whoever regulates day cares in your area.
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Old 09-21-2009, 03:17 PM
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The daycare is not in violation for asking as they are not a provider of medical care or the holder of records. The doctor may have been in violation if they HAD provided info., As it is, nothing appears to have been wrong.

However, do not be surprised if the daycare tells you to keep the child home until they get a clearance from the doctor.

- Carl
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  #4  
Old 09-21-2009, 09:00 PM
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HIPAA does not regulate who may ASK for information. It only regulates under what circumstances it can be released. Your doctor upheld the law and the day care, while stupid, did not violate anything. You should not, though, have tried to take your child there with what could be a contagious condition without a note from the doctor saying it is safe for him to be around other children.
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