Violation of Hipaa?

[Gustavthe3rd]

In Virginia, is it legal for a mental health institution to inform a high school guidance counselor if a minor is being seen by said institution?

 

[ecmst12]

Likely, yes.

 

[Gustavthe3rd]

Even without any written permission? I'm naive on the subject so please deal with me. Being as he is a minor and it is a mental health situation, isn't that something that is supposed to be confidential?

 

[Ohiogal]

Likely, yes.

On what are you basing your answer? OP, have the minor file a HIPPA complaint regarding the sharing of information without a release.

 

[ecmst12]

2 professionals are permitted, under HIPAA, to confer regarding the treatment of a mutual patient. No special release required.

 

[OHRoadwarrior]

I suspect you will discover your parents sign a blanket HIPPA release for the school every year.

 

[ecmst12]

I suspect that is NOT the case since there would be no legitimate reason for it.

 

[TheGeekess]

Even without any written permission? I'm naive on the subject so please deal with me. Being as he is a minor and it is a mental health situation, isn't that something that is supposed to be confidential?

Did the student sign a release for the information to be shared?

 

[jiggy78]

Since when is a guidance counseler a "professional" who is "treating" a "patient"?

 

[Mass_Shyster]

2 professionals are permitted, under HIPAA, to confer regarding the treatment of a mutual patient. No special release required.

Please provide a citation for your assertion that a "high school guidance counselor" is a "healthcare provider".

 

[ecmst12]

I suppose it might depend on the guidance counselor's license, but to me, the primary purpose of a guidance counselor is to counsel students and I would expect one to be a licensed counselor.

 

[OHRoadwarrior]

I suspect that is NOT the case since there would be no legitimate reason for it.

I think the Virginia Dept of Education and State Legislature disagree with you.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-287

. The principal or his designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. In addition to those agencies or personnel identified in subdivisions 5 and 7 of subsection A, the principal or his designee may disclose identifying information from a pupil's scholastic record to attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies. Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is eighteen years of age or older.

 

[ecmst12]

Information from a "scholastic record" has ABSOLUTELY NOTHING WHATSOEVER to do with HIPAA. HIPAA covers HEALTH INFORMATION only.

 

[OHRoadwarrior]

Information from a "scholastic record" has ABSOLUTELY NOTHING WHATSOEVER to do with HIPAA. HIPAA covers HEALTH INFORMATION only.

It is nice that you have an opinion. For fact, I suggest you refer to chapter 9. I believe ch 6 is where your contention that medical records are not part of the scholastic record is disproved.

http://www.doe.virginia.gov/boe/regulations/secondary_sch_transcripts/management_scholastic_records.pdf

 

[Zigner]

So how does that apply to the healthcare provider disclosing records to the school?