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][quote=Anonymous]I think there is some confusion here about HIPAA. I'm pretty sure this type of use/disclosure (I'm not sure what the legal difference is) is allowed for "treatment". It's coordination of care.

https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/disclosures-treatment-payment-health-care-operations/index.html

A covered entity may, without the individual’s authorization:

Use or disclose protected health information for its own treatment, payment, and health care operations activities. 
For example: A hospital may use protected health information about an individual to provide health care to the individual and may consult with other health care providers about the individual’s treatment.

[/quote]

The facts as stated by OP do not fall under this provision that you cite.

I work in both the ambulatory setting (ie, your kid's pediatrician) and also in a local ICU.

Unless there's something the OP is intentionally failing to mention about the event that brought her kid to the ED, then the ED staff does not need to "coordinate care" with the CNMC-employed RN who is assigned to the kid's DCPS.

A possible hypothetical exception would be if, say, kid has severe asthma attack, is taken to ED, is given hospital-grade nebulizer in the ED, asthma flare is resolved, ED provider writes script for **never before used** asthma inhaler for home use.   Communication is sent via internal health record from ED doctor to CNMC RN stationed at DCPS saying something to the effect of "please follow up with Timmy and confirm that new albuterol metered dose inhaler is therapeutic and no further flares have occurred since discharge.  Confirm that student has medication available on site at DCPS during school day."

If something analogous to this ^^^ occurred , then OP has no leg to stand on.  This shouldn't be "offensive" and it's not a violation of law.  See also, concussion follow up, seizure follow up, and similar.

What is interesting to me is, what if CNMC DIDN'T contract to put its employees in DCPS?  What if instead MedStar did, or Johns Hopkins?  Then you wouldn't see the sort of hypothetical situation I used.  Which is fine, just different.[/quote]

I think you missed the HHS citation above where school nurses are specifically exempted. Continued care can be just following up on the return precautions, which as a nurse (I am guessing? or a tech?) you would be familiar with as a part of every ED discharge plan. [/quote]

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