And I am saying the school nurse meets none of those criteria for the purple of “follow up from ER”. It is *not enough* that the recipient just be a medical professional. Obviously. There would be no meaning to HIPAA. Childrens could send my kids records to any doctor they wanted for any reason. Also concerning is the loss of HIPAA status and the records becoming FERPA. |
That is only true if it’s something the kid is actually getting treatment in school from the school nurse for already. It is NOT a blanket exception. So many things a kid could be seen for at Childrens that are none of the school nurse’s business. |
Now the school nurse can share the medical record with a teacher if she deems it a “legitimate educational purpose.” |
None of that justifies the privacy breach. |
No, she can't. That's the point. She's not a school employee so FERPA does not apply to her. |
What breach of privacy? OP consented to the release of information. |
And as a professional I'm sure they have guidelines and training on determining a legitimate educational purpose as it relates to student health privacy. |
They can, indeed, send the PHI to any doctor they want if that doctor is involved in the treatment of your child. That includes consulting another doctor about advice or suggestions on management, even if you never know about it. If you don't like it, advocate to change HIPAA. But for treatment purposes medical information is NOT restricted to your waiver. |
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I’m the OP…I came back to check this thread and it seems to be more hostile than it was earlier today🙁
My original question was about whether anyone had a nurse from Children’s contact the nurse at their child’s (DC public or charter) school following an ER visit. I only asked because this is what happened to us following our child’s recent ER visit, and it was something that had never happened before. Apparently, the director that I spoke to is relatively new to the position, and she wants to have a system in place where all DCPS kids who are seen in Children’s ER get follow-up, so that no DCPS kid gets missed. Her intentions in implementing (or reviving) this program were no doubt good, I just think more consideration should have been given to families who don’t need or want this type of intervention. After our conversation, she admitted that this is something they hadn’t really thought about, but that, based on our conversation, she would put it on the table for her team to discuss. She was very apologetic for the ‘perceived’ breach of my child’s privacy and offered to remove our kids from their follow-up roster (or whatever its actually called). She also sent me a copy of the consent forms (which in all fairness, I signed) and highlighted the sentence that mentioned the sharing of information…it read in part, “I understand that if my child is a student in a local public or private school system, limited info about my child’s admissions can be shared with the local school nurse to ensure continuity of care for my child.” I’m guessing that without this blurb, sharing would be considered a hippa violation, but I’m not 100% sure. Again…for families who need/want this service…I think they should have it, but for those that don’t…I think there should be a clear and easy way to opt-out. There was one PP who suggested an “opt-in” to this type of sharing, and I thought that was a great idea and will mention it as a suggestion. Although she didn’t initially understand my privacy concerns, I think she was able to appreciate them after our conversation. As I explained to her, a school nurse….just like a pilot, doctor, coach, teacher or mechanic, is fallible. And in the frenzy of her job, she could inadvertently leave a document with a student’s private health information lying around her office….or she could be having a conversation about a student not realizing another student was in earshot. Even though our particular health issue during the ER visit wasn’t a sensitive one, it very well could have been. It didn’t help that during the same week that the school nurse contacted me about the ER visit, she also contacted me to insist that my child get vaccines that were already (years ago) received. She then emailed later to ask that I resend a copy of the full shot record. I wasn’t mad about it because accidents happen, but that was my very point. The misplaced shot record could’ve just as easily been a misplaced mental health or reproductive health record…then my child (or anyone’s child) has to suffer because of this person’s mistake. IMO, it just seems easier to not share as much info in the first place. For the record…. —I/we were not looking for, nor do we need parenting advice. —We do not need help finding a pediatrician (we’ve been at the same practice for over 20 years and all of our kids have been seen there since infancy). —Said practice became affiliated with CNMC many years ago so medical info about our kids is easily accessible by our peds practice as well as the specialty providers at Children’s main hospital (including their ER). —I/we are not at all unhinged. —We do not need any wrap around services. —How many kids we have is none of anyone’s business. —The medical issues our kids have is none of anyones business. —We don’t abuse our kids and we have never abused our kids. —There aren’t any cps flags attached to our family. —We do not need education on when/how to use the ER. —We DO NOT overuse or misuse the ER…as a matter of fact, there have been times when the ER doctor has asked why we didn’t bring a child in sooner. —I am a well-seasoned health care professional, so when I took my kids to the ER, you better believe they needed to be there. In many (but definitely not all) cases I treated them at home first, but when they didn’t respond as expected, I took them to the ER, because that is what responsible parents do. —Trust me when I say this….my life is (and has been for years) way too busy to give up hours of it by sitting in the ER “just because” or for whatever other stupid reason posters on this thread suggested. I have lots of "mom" friends, and sitting in the ER for hours is not on any of their "preferred activities" lists...dinner, concert, spa, beach...yes, but ER...not so much. —My child(ren) being seen in the ER is not the reason why your friend’s child had to wait 7 hours to be seen. Your friend’s child had to wait 7 hours to be seen because healthcare in this country is a train wreck. Hospitals have been critically understaffed for years and the problem continues to worsen. There are fewer doctors, nurses, techs and aides to provide efficient care, which is one of the reasons for the long ER wait times. And also….shame on anyone for condemning a parent for taking their child to get the medical treatment they deem necessary. —If we are overusing the ER, how is it also that we have been flagged as a family that needs more services? Seems like if we need more services, there would have been PLENTY of chances to get them to us…seeing as how we’re in the ER so much right? —The school nurse was not going to be treating, observing or medicating my child for anything. Nothing. So there was no need for the ER care mgrs to reach out to school nurse to have her follow up with us, when our pediatrician is in the same network as the school nurse. —Also, because I work in healthcare, I know how easily PHI can be accidentally shared. But the how/when/why doesn’t usually matter too much to the person whose privacy has been invaded and violated….their primary concern is usually that their private medical info is no longer private. So for that reason I feel like its best to minimize the likelihood that a breach could happen, but that’s just me. Anyway, thanks again to everyone who offered supportive, positive, constructive, insightful and/or rational feedback…it was definitely appreciated😊 |
TL;DR. |
Longest I have ever seen on dcurbanmom |
Are you at a title 1 school? I can see these processes in place so these kids, who usually don’t get regular care or follow up, can fall thru the cracks. The nurse did nothing wrong because you signed the form allowing sharing of info with the school. Sure they can set up an opt out. An opt in is not going to be a feasible option. |
| This program does not follow up with all DCPS patients. Your file was flagged for some reason. It may be as simple as your pediatrician’s phone line being down, but the explanation you’re being given about this happening to everyone is patently false. (You should also probably be able to tell that because no one in this thread has ever had it happen to them and it has never previously happened to you.) |
| CNMC did the right thing here. Hopefully this flag in the child's file keeps extra eyes on their situation. |
Actually it shows the opposite. Medical information needs to be kept private so officious people like you who decide a parent is acting in a way you don't like cannot use the information improperly. There's absolutely nothing here to flag. |