Privacy Issues in School-Advice Needed ASAP

[dancegirl54]

Today is the start day for Eric, my son. He took his riba this morning and handed a note in from doc, who has told us he does not have to disclose anything. It just said that he is undergoing treatment and on medication for a medical condition that requires he drink water round the clock and requires he be allowed to drink during class, work, etc.  The nurse just called me and asked what treatment he was on and if he had hep C. I said I would prefer to speak with Eric's dad before answering any questions - just for lack of anything to say. Her tone was not pleasant and as I am at work couldnt talk anyway. Advice?

[cuteus]

having to deal with hep c infection is bad enough, your children's infection, even worse. You do not need any more aggravation from ignorant people and cruel HS kids.  A recent show on ABC demonstrated how cruel they can get. Things have a way of leaking out regardless of HIPAA. Stay with the script writing and do not deviate from it.  If he becomes anemic, then you state that he is so, no need to say from what. Stick to the script! There is no reason to be ashame of this disease, but people force that shame on you and he has enough on his plate at this time and does not need more.
good luck to you and him
ask Betty for her input?

[NYgirl]

You know...it's sad but it's NOT the kids I would worry about in disclosing it's the ADULTS or parents telling their kids "stay away from ERic he could get you sick".  People in general just SUCK when it comes to one of us, unfair as it is.

I don't think they have to know WHY he's treating at all.  Personally I just can't see why anyone needs to know if it doesn't impact them directly.

How old is he?  I cant remember.  The only real reason I would think it WOULD be important to tell them is in case he gets cut or something while at school. Because it's not only the bandaging up of an injury but also maybe the cleanup and having to use bleach.

If it were my kid I probably wouldn't tell them anything except "on chemo".  It's hard enough being a kid of any age already and people can be MEAN.

[FlGuy]

Nice numbers. I hope you are feeling well to go with them. Kinda sad though, you're probably feeling well enough to get out to the ballpark just when your season's about to end.

[Alady1620]

Since your child is older, you can always make sure that he is well informed of what to do in the case that he has an accident and bleeds.  You might even give him some gauze and bandaids to carry in his backpack.  Just a thought.

[GrandOak]

I guess you need to play it by ear.  Given your read on the nurses tone of voice, I would not disclose anything to her.

I would also check to see if they are bound by HIPAA before I would disclose anything to anyone in the school.  If they are, then they are bounded by law to maintain non-disclosure without your consent.  Any disclosure on their part would be punishable by law as a violation of your Civil Rights and also allow you recourse for a lawsuit against them.

I've seen too many in the education system which somehow think they are above the law and not just there but also in the Federal Government as well.  For instance my wife's doctor refused to supply medical information on her condition when her employer (a branch of the US Federal Government) became increasingly more demanding for it because it would be a HIPAA violation.  They amazingly stopped making their request at that point.

For more information in HIPAA see:

http://www.hhs.gov/ocr/hipaa/

[GrandOak]

Given your X may have jumped the gun, you may want to call and find out if they are bound by HIPAA like your medical professionals.  I would call someone in administration, possible HR, rather than the nurse to get the offical stance as the nurse may not know and just give you some off the cuff answer which might turn out to be false.