Question about HIPPA

[Just Blue]

I guess repeating it three times gets the message through.

lol...I was gonna post the same thing but only two of the three posters of the information would have seen it.

 

[quincy]

That isn't what happened here though. The school nurse was not providing any care to the child. The teacher didn't want to keep the child on "light duty" and got the school nurse to get new orders regarding the child. In my opinion, that was improper.

In fact, I really don't think that the doctor should have change things without seeing the child again, particularly since the original note said to avoid pivot sports.

Re-read what was said by HHS.

What I have bolded appears to be your assumption.

 

[cbg]

The OP isn't here to ask what LdiJ thinks is right or proper. The OP is here to find out if HIPAA was violated. That is not the same thing.

 

[quincy]

The OP isn't here to ask what LdiJ thinks is right or proper. The OP is here to find out if HIPAA was violated. That is not the same thing.

And, because this is a legal forum, it is what the law says that is important.

 

[Taxing Matters]

That isn't what happened here though. The school nurse was not providing any care to the child. The teacher didn't want to keep the child on "light duty" and got the school nurse to get new orders regarding the child. In my opinion, that was improper.

What you believe to be improper does not make it illegal though. As the only remedy for a HIPAA violation is reporting the suspected violation to the U.S. Department of Health and Human Services (HHS), the OP may do that if she wants. But I don't see a violation here, and even if there was, the violation was by the doctor, not the school. In any event, I don't see HHS getting worked up over this one disclosure.

In fact, I really don't think that the doctor should have change things without seeing the child again, particularly since the original note said to avoid pivot sports.

But we don't know why the second note said what it said, and apparently neither does the OP. Until the doctor explains the change I don't think anyone can reasonably say if the change was justified.

 

[quincy]

rjcarlock, did your child wind up participating in PE based on what the doctor told the school nurse?