• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HIPAA question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tagalong1925

Junior Member
What is the name of your state? Virginia

Would it be a violation of HIPAA if the university that my child attends gave out the results of a drug test they administered to my child to other students?
 
Last edited:


A

ajkroy

Member
HIPAA only applies to medical facilities and providers. Was the test a result of a medical examination or was it part of a disciplinary action?
 
T

tagalong1925

Junior Member
Hipaa

It would have been under disciplinary I suppose. But the students that were given the results were not involved in judicial issues, just students.
 
CdwJava

CdwJava

Senior Member
Who administered the test? Why was it administered? Who was told what information and why? There can be any number of ways this information could have been revealed without anyone violating anything.

I presume that you plan on suing someone hence the reason you are seeking info on whether this is a violation of something. I would suggest that you consult an attorney before you think to accuse the school of violating ANY law.

- Carl
 
L

lkwood39

Junior Member
yes it is on the hippa law.. noone including the law officers or school officials are suppose to give out that information to anyone with out the consent of the childs parents or legal guardians. read the hippa law. you will find it in there>
 
CdwJava

CdwJava

Senior Member
lkwood39 said:
yes it is on the hippa law.. noone including the law officers or school officials are suppose to give out that information to anyone with out the consent of the childs parents or legal guardians. read the hippa law. you will find it in there>
Click to expand...
This is not necessarily a true statement.

First, HIPAA is subject to assorted state laws that MAY permit the release of the information to certain other parties.

Second, this is a college student and presumably an adult. Thus, his parents or guardians are irrelevant to the issue and - in theory - cannot generally receive information protected by law.

Third, without knowing the context under which the information was passed - and to whom - it is premature to make any conclusionary legal statement about the conveying of the information.

http://www.hhs.gov/ocr/hipaa/

- Carl
 
L

lkwood39

Junior Member
lkwood39 said:
This is not necessarily a true statement.

First, HIPAA is subject to assorted state laws that MAY permit the release of the information to certain other parties.

Second, this is a college student and presumably an adult. Thus, his parents or guardians are irrelevant to the issue and - in theory - cannot generally receive information protected by law.

Third, without knowing the context under which the information was passed - and to whom - it is premature to make any conclusionary legal statement about the conveying of the information.

ok the child is an adult. so they should have his written consent that it is ok to speak to another student or anyone about what he takes or anything about his health.. I am in the medical field and we have to know the laws with HIPAA and follow them daily.
have a good day and Merry Christmas
Click to expand...
ok the child is an adult. so they should have his written consent that it is ok to speak to another student or anyone about what he takes or anything about his health.. I am in the medical field and we have to know the laws with HIPAA and follow them daily.
have a good day and Merry Christmas
 
CdwJava

CdwJava

Senior Member
And I am my agency's HIPAA compliance officer.

The point is, that until we know what information was released and to whom and under what circumstances, no definitive conclusion as to its legality can be made.

- Carl
 
E

ecmst12

Senior Member
And since a college is not a health care provider (unless, perhaps, the drug test was done through student health, but it doesn't sound like it was administered for health care reasons) then Hipaa doesn't apply to them. Another law might.
 
cbg

cbg

I'm a Northern Girl
Thread hijack - apologies to the OP:

Carl, just wanted to tell you how much I appreciate seeing something along the lines of your signature! I feel like Charlie Brown sometimes; people get so caught up on the secular side of Christmas they forget what it's really all about. Thank you.

End thread hijack.
 
CdwJava

CdwJava

Senior Member
cbg said:
Thread hijack - apologies to the OP:

Carl, just wanted to tell you how much I appreciate seeing something along the lines of your signature! I feel like Charlie Brown sometimes; people get so caught up on the secular side of Christmas they forget what it's really all about. Thank you.

End thread hijack.
Click to expand...
You are welcome! :D

*HE* is the reason for the season!

Plus, I put it because I got frustrated with the myriad of anti Christ-in-Christmas stuff out there.

- Carl
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top