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HIPAA

By awfernald ·
Ok all, good question for you.

Say that you have a kid in special ed. You and your wife are not fully satisfied with the way your kid is progressing in school, so you get together with a ton of people from the school, the school district, and of course the doctor treating the son.

The meeting goes on, and of course the district and school are both trying to emphasize that they are already doing everything they can, and start to attempt to lay blame on the parents. Anyways, meeting ends, to be rejoined in another month.

Several hours after the meeting, my wife calls a person from one of the local community centers who has helped her in the past. This person happens to be a good friend of one of the attendees at the meeting (from the school district). Anyways, my wife calls this person, and he starts to tell her about all of the sons problems being caused by the family unit (echoing the comments of the meeting), and how he puts great faith in what his friend told him (the one who was at the meeting).

So... obviously, these two talked AFTER the meeting, specifically about what went on in the meeting. There is NO relationship between this community center and either the school district or the doctor's clinic.

This was obviously a serious breach of HIPAA on the part of the school district. Also, some of the things that were said were very prejudicial against my son (he's only 7), and were not based upon any facts, but only upon a conjecture of one of the faculty at the school.

So... the question is...

What would you do? I figure I have until Monday or Tuesday to work out a plan.

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Your HIPAA Rights

by Info-Safety, LLC In reply to HIPAA

Here are a few links to provide additional HIPAA information.

http://www.hhs.gov/ocr/hipaa/
http://www.hhs.gov/ocr/privacyhowtofile.htm
http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf
http://www.hhs.gov/ocr/hipaa/consumer_rights.pdf
http://www.cms.hhs.gov/hipaa/hipaa2/support/tools/decisionsupport/default.asp

You can expect the school district to claim that they are not a covered entity. In this case, FERPA (Family Educational Rights and Privacy Act), which deals with the privacy of education records, may come into play. In brief, FERPA states that the school must have written permission to release
information from the student's education record, unless the recipient is a school official with legitimate educational interest, etc., etc. See
http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
for more information.

Good luck.

Craig Herberg

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Thank you very much!

by awfernald In reply to Your HIPAA Rights

Just what I was looking for!

...also...

the information disclosed was regarding his diagnosis and treatment, or rather,... it was a "made up" diagnosis and recommended treatment which was being presented as a fact, rather than being presented as a non-professional (i.e. non-medical) opinion of his diagnosis/treatment to a non-related 3rd party.

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HIPAA

by mike In reply to HIPAA

If one needs to have a deep understanding of HIPAA and more information on HIPAA training and also HIPAA template suite along with enterprise contingency plan template suite which any organization, small or big, can use to meet their compliance requirements of Sarbanes Oxley (SOX), FISMA, ISO 17799 or any other regulation/standards requiring business impact analysis, risk assessment, disaster recovery planning (DRP), business continuity plan (BCP) and Testing & Revision of Plan, they can discover it at training-hipaa.net website by following the links given below

HIPAA Privacy and Security Certification Training
http://www.training-hipaa.net/certification_training/com_privacy_security.htm
Enterprise Contingency Plan Template Suite
http://www.training-hipaa.net/template_suite/enterprise_contingency_plan_template_suite.htm

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