Is it a HIPAA violation to send a student's immunization record to agencies that request it?
Monday November 2, 2009
Print This- Select Text Size:
Comments
advertisement
Is it a HIPAA violation to send a student's immunization record to agencies that request it, such as night schools, juvenile agencies, etc.? One supervisor says no, but at a nurse seminar I attended, an attorney said you need consent. I don't send the records, yet the agencies continue to ask.
Stephanie
It is unclear exactly what the respective reasons were for the answers you received concerning HIPAA and consent to share information with others outside the school (it is assumed your school consists of students in grades one to 12), but suffice it to say there are some general principles about HIPAA and student school records, including health records.
To begin with, the controlling federal law (and state law that mirrors or adds more protection than the federal law) is the Family Educational Rights and Privacy Act. As you are probably aware, FERPA requires the parents' consent to release information about a student's health and other "educational records” to anyone outside the school (with some major exceptions). You can learn more about FERPA by going to www.ed.gov/policy/gen/guid/fpco/index.html.
HIPAA, under its Privacy Rule and Security Rule, requires covered entities (e.g., healthcare providers, hospitals) to maintain the privacy and confidentiality of PHI (personal health information) when care is provided and when they transmit any PHI electronically. Although there may be a situation in which HIPAA's Privacy Rule and Security Rule apply to schools (e.g., when the school runs a clinic and sends data electronically), education records and treatment records, the only health records kept by schools, are specifically excluded in the HIPAA Privacy Rule. You can read more about both HIPAA and school records in Joint Guidance on the Application of FERPA and HIPAA to Student Health Records located at www.hhs.gov. Place HIPAA and School Health Records in the search bar and the guidance publication will appear on the screen.
You would be wise to discuss this issue with your principal and others at the school. Should there be a need to do so, the school district attorney may also be able to provide you with the specific guidance you need in this situation. Be clear, though, that no information about a student, including his or her health records, should be released without the appropriate consent under whatever law is applicable.
Cordially,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
Reader Comments
Login
Be the first to comment!