Question about HIPPA

[rjcarlock]

I'm in Illinois. My daughters Orthopedic doctor provided a note for light duty in PE. The teacher asked for more specifics. And before i could get that It appears the PE teacher may have had the high school nurse contact the doctors office for more information and got a note faxed back to her from that doctor regarding my daughters ability to participate in PE without my knowledge or consent. Is that a violation of HIPPA?

 

[quincy]

I'm in Illinois. My daughters Orthopedic doctor provided a note for light duty in PE. The teacher asked for more specifics. And before i could get that It appears the PE teacher may have had the high school nurse contact the doctors office for more information and got a note faxed back to her from that doctor regarding my daughters ability to participate in PE without my knowledge or consent. Is that a violation of HIPPA?

Possibly. It could depend on what the school nurse asked and how the doctor's office responded. If the nurse's contact was just to clarify "light duty," that shouldn't be a violation.

 

[rjcarlock]

I don't know what she asked, but it's strange that the note faxed to the HS was a complete contradiction to note I had picked up from the doctor 10 days earlier.

 

[quincy]

I don't know what she asked, but it's strange that the note faxed to the HS was a complete contradiction to note I had picked up from the doctor 10 days earlier.

How did what was said by the doctor's office to the school nurse contradict the doctor's original note?

Have you spoken to the doctor about this? That should be your first step.

(HIPAA is the correct acronym, standing for Health Insurance Portability and Accountability Act)

 

[rjcarlock]

The first note: She is to remain light duty for PE with low impact and avoid pivot sports. The second note said: May resume PE with no restrictions.

 

[quincy]

The first note: She is to remain light duty for PE with low impact and avoid pivot sports. The second note said: May resume PE with no restrictions.

Has your daughter been back to the doctor since the first note was written?

 

[rjcarlock]

No, we're going back next week, but for another reason.

 

[LdiJ]

No, we're going back next week, but for another reason.

Then your beef really is with the doctor and its to the doctor that you should be speaking. Yes, in my opinion the teacher was out of line to contact the doctor, but the doctor should not have provided conflicting information without having seen the child again.

 

[quincy]

Thanks for answering my question.

Here is an answer to your original question, from the US Department of Health and Human Services:
https://www.hhs.gov/hipaa/for-professionals/faq/517/does-hipaa-allow-a-health-care-provider-to-disclose-information-to-a-school-nurse/index.html
It is okay for a school's nurse and a student's doctor to communicate about the student.

 

[rjcarlock]

Thank you, I have a call into the doctors office to find out what is going on. waiting on a callback. I have a copy of both notes.

 

[Zigner]

10 days later the doctor probably presumed that she was able to go back with no restrictions.

 

[Zigner]

https://www.hhs.gov/hipaa/for-professionals/faq/517/does-hipaa-allow-a-health-care-provider-to-disclose-information-to-a-school-nurse/index.html (working link)

Does the HIPAA Privacy Rule allow a health care provider to disclose protected health information (PHI) about a student to a school nurse or physician?

Yes. The HIPAA Privacy Rule allows covered health care providers to disclose PHI about students to school nurses, physicians, or other health care providers for treatment purposes, without the authorization of the student or student’s parent. For example, a student’s primary care physician may discuss the student’s medication and other health care needs with a school nurse who will administer the student’s medication and provide care to the student while the student is at school. In addition, a covered health care provider may disclose proof of a student's immunizations directly to a school nurse or other person designated by the school to receive immunization records if the school is required by State or other law to have such proof prior to admitting the student, and a parent, guardian, or other person acting in loco parentis has agreed to the disclosure. See 45 CFR 164.512(b)(1)(vi).

 

[quincy]

Deja Vu.

My link works.

 

[LdiJ]

https://www.hhs.gov/hipaa/for-professionals/faq/517/does-hipaa-allow-a-health-care-provider-to-disclose-information-to-a-school-nurse/index.html (working link)

Does the HIPAA Privacy Rule allow a health care provider to disclose protected health information (PHI) about a student to a school nurse or physician?

Yes. The HIPAA Privacy Rule allows covered health care providers to disclose PHI about students to school nurses, physicians, or other health care providers for treatment purposes, without the authorization of the student or student’s parent. For example, a student’s primary care physician may discuss the student’s medication and other health care needs with a school nurse who will administer the student’s medication and provide care to the student while the student is at school. In addition, a covered health care provider may disclose proof of a student's immunizations directly to a school nurse or other person designated by the school to receive immunization records if the school is required by State or other law to have such proof prior to admitting the student, and a parent, guardian, or other person acting in loco parentis has agreed to the disclosure. See 45 CFR 164.512(b)(1)(vi).

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.

 

[quincy]

I guess repeating it three times gets the message through.