Mishap

[ajoy]

What is the name of your state (only U.S. law)? Illinois, My Son is a Senior has no criminal background so this incident really threw me off. He had a appointment with the doctor that would be in his thrid period. He left and was back by 4th period. I failed to give preexcusal . I have a message left not asking me about the appointment but telling me they called the doctor and they want a written note from her or he will recieve a zero because he had a project due that day for Health. This sounds crazey I have never been called into the school about him and this is senior year and its Health. I know that Doctors are not allowed because of HIPPA. But is the school allowed to do this to my son and to me?

 

[Humusluvr]

What is the name of your state (only U.S. law)? Illinois, My Son is a Senior has no criminal background so this incident really threw me off. He had a appointment with the doctor that would be in his thrid period. He left and was back by 4th period. I failed to give preexcusal . I have a message left not asking me about the appointment but telling me they called the doctor and they want a written note from her or he will recieve a zero because he had a project due that day for Health. This sounds crazey I have never been called into the school about him and this is senior year and its Health. I know that Doctors are not allowed because of HIPPA. But is the school allowed to do this to my son and to me?

Currently, his absence is unexcused, and in order to change it to excused, he HAS to have an official doctor's note. If the school has the policy that they will give zeroes for unexcused absences, then he NEEDS to get that excuse.

The school cannot call the doctor and INQUIRE about your child - that would violate HIPPA - but they can REQUIRE documentation as to your son's absence, which you would be required to obtain from the doctor.

If you don't get a doctor's note, your son could even be charged with truancy. So you need to get it.

 

[Proserpina]

(I'm truly not trying to be picky, but to clarify - the school calling to inquire about the son would not violate HIPAA. Anyone can ask anything. But if the providers give out medical information without consent, that would be where the HIPAA violation occurred)

 

[Humusluvr]

(I'm truly not trying to be picky, but to clarify - the school calling to inquire about the son would not violate HIPAA. Anyone can ask anything. But if the providers give out medical information without consent, that would be where the HIPAA violation occurred)

Exactly. I didn't want mom thinking the school requiring an excuse would be violating HIPPA.

It would be a violation if the school called the doctor and said, "What's kiddo got wrong with him?" It's NOT a violation for the school to say, "We need you, parent, to obtain an official doctor's excuse for junior's absence."

Thanks Pro, for pointing that out.

 

[ajoy]

Thank You. I appreciate your time.

 

[You Are Guilty]

Exactly. I didn't want mom thinking the school requiring an excuse would be violating HIPPA.

It would be a violation if the school called the doctor and said, "What's kiddo got wrong with him?" It's NOT a violation for the school to say, "We need you, parent, to obtain an official doctor's excuse for junior's absence."

Thanks Pro, for pointing that out.

As Pro pointed out, HIPAA prevents the release of PHI, but one is not prohibited from requesting such.

 

[ecmst12]

It would be a violation if the school called the doctor and said, "What's kiddo got wrong with him?"

No, it would not. It would be a violation for the doctor to ANSWER such a question without your permission. It is never a violation to ASK for information.

And it's HIPAA!

 

[Humusluvr]

No, it would not. It would be a violation for the doctor to ANSWER such a question without your permission. It is never a violation to ASK for information

Doh!

And it's HIPAA!

Double doh! Thank god I'm not a doctor. Or a hippo.

 

[cbg]

Exactly. I didn't want mom thinking the school requiring an excuse would be violating HIPPA.

It would be a violation if the school called the doctor and said, "What's kiddo got wrong with him?" It's NOT a violation for the school to say, "We need you, parent, to obtain an official doctor's excuse for junior's absence."

Thanks Pro, for pointing that out.

Even the school calling the doctor and asking is STILL not a HIPAA violation. What would be a violation would be if the doctor answered the question without permission from the parent.

ASKING does not violate HIPAA. It's the answering that can cause trouble.

ETA: Guess I should have finished reading the thread before I answered.