Reply to Care manager at children’s shared details of child’s ER visit with school

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Reply to " Care manager at children’s shared details of child’s ER visit with school"

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[quote=Anonymous][quote=Anonymous]It’s hard to see how this is not a HIPAA violation, unless you gave explicit permission for this information to be shared with the school.  [/quote]

No. The nurse is the health care provider to the same patient (the child), and this is a part of the ongoing medical care. Following up on an emergency room visit is standard care.

[quote][b]Does a physician need a patient's written authorization to send a copy of the patient's medical record to a specialist or other health care provider who will treat the patient?[/b]

Answer:

No. The HIPAA Privacy Rule permits a health care provider to disclose protected health information about an individual, without the individual’s authorization, to another health care provider for that provider’s treatment of the individual. See 45 CFR 164.506 and the definition of “treatment” at 45 CFR 164.501.

https://www.hhs.gov/hipaa/for-professionals/faq/271/does-a-physician-need-written-authorization-to-send-medical-records-to-a-specialist/index.html[/quote]

More specifically,

[quote][b]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?[/b]

[u]Yes.  The HIPAA Privacy Rule allows covered health care providers to disclose PHI about students to [b]school nurses[/b], physicians, or other health care providers for treatment purposes, without the authorization of the student or student’s parent. [/u] 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).

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[/quote][/quote]

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