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what exactly HIPAA covers in depth - concerned

Posted: Dec 12, 2012

I am hoping someone can help me clear this up as I am still somewhat confused as to what exactly HIPAA covers in depth. If you have a school counselor who shared private medical information about your child to someone other than the parent/guardian, teacher, staff, etc. does that fall under HIPAA? Are they licensed under medical to be under HIPAA guidelines or Privacy Act? Anyone know? The information shared was to the child's sibling and the counselor told them the child was suicidal, however, the parent/guardian was not notified at all. The only reason the counselor had that information to share was because of the private/confidential counseling with the child in which the child thought everything was just that "confidential" and after they read the child's own personal non-school related journal without permission. I know they have boundaries to notify authorities, etc, but not a sibling. Please don't flame me and say you should be thankful because there is a lot to the story that is too much to get into and this has caused a major problem.

not sure if this is a HIPAA issue, but... - sm

[ In Reply To ..]
it certainly is inappropriate to share this information with this child's sibling, and crosses the line of reasonable confidentiality. I would take this up with the school administration, i.e. principal, superintendent, etc.

I already did with the principal, got nowhere. - concerned

[ In Reply To ..]
I spoke to the counselor and principal both together in a face-to-face meeting with regards to this and their explanation (that I'm not buying) was that the sibling was listed on the emergency contact list, which is true; however, I thought emergency contact was IF the parent/guardian could not be contacted in a true emergency and obviously it wasn't an emergency because it was never relayed to the parent/guardian at all or even attempted to be by any means phone, email, nor mail. No action was said or done. Counselor had been close to the sibling as it is an older sibling who has already graduated so it was in a "casual" friendship text message conversation. It wasn't like an official, I'm calling you to warn you of this emergency situation, etc.

I am going to file an official complaint with the school board/administration since I got nowhere but excuses with the counselor and principal but I just wonder what umbrella their laws fall under so I can research it. As a professional in that magnitude, the counselor knows better and I want to make sure it is brought to light and possibly reprimanded so this stuff doesn't happen to others. What if this experience or those feelings/private thoughts being shared had been the issue that flipped the suicidal thoughts into a reality, you know? It's not right and could most definitely have made the situation a whole lot worse. It did worsen the situation but thankfully not to the extreme it could have because I recognized things going on myself and my child talks to me.

Most schools are not going to - belly up to the bar

[ In Reply To ..]
and admit any wrong doing of their employees. You see this time and again on many news programs when wrong has been done. I am not sure if this would fall under a HIPAA violation or not, but you could certainly try to file a complaint with them. It does not hurt to try, at least. Just google "where to file a HIPAA complaint" and I am sure it will direct you where you need to go. I am also sure that someone from the HIPAA association could direct you on what steps you need to take next, and possibly even speak with an attorney. Personally I would bypass the school system altogether. They have a "blue Code" as much as the police departments to...they protect their own. I definitely feel there has been some violation here and it needs to be brought to someone's attention. I wish you luck! and just be thankful that this did not send the poor kid over the edge!

Emergency Contact List - HIPAA

[ In Reply To ..]
I think you need to recognize that you authorized contacting the sibling when you listed that sibling on the emergency contact sheet.

You might not have understood what that meant, but that is not something the school has to consider. You listed the sibling, the assumption is that you understood it meant to contact that sibling, and that is the end of it. You authorized them to do what they did.

The fact that the sibling and counselor knew each other is completely irrelevant. The fact that you think a text message is too casual is also not relevant. The ECL does not say "unless the counselor knows this person" or that you do not want text messages to be used.

In my opinion, you would have no complaint because the school did, in fact, follow your instructions. If you file a HIPAA complaint, they will look at the circumstances of the emergency contact list that you provided and tell you the same thing -- that the school followed your instructions.

If you no longer want the sibling contacted, remove him or her from the contact list and then move on with your life. It would help both you and your child to focus on moving on in a positive direction.

agree on all counts - sm

[ In Reply To ..]
I agree that since the OP listed the sibling as an emergency contact, she has no complaint. I think just moving forward, as you suggest, is good advice.

A suggestion for you - anon

[ In Reply To ..]
I think the whole thing sounds really weird and that you should be concerned. In our school district, the extra emergency contacts are to be utilized only if the parents/guardians cannot be reached first, and this is only in the even of an emergency/your kid is sick, come get them kind of situation.

What really gets me is the counselor texting a "your sibling is suicidal" message to the sibling!! This does not seem to be proper protocol for a suicide intervention. If they were truly concerned about your child, I would think they would contact you directly, by phone, and at least request an in-person meeting. It seems that the counselor may be utilizing this information to continue a relationship with the graduated sibling? It's really weird.

Additionally, if the counselor was reading private information they did not have permission to access, I would question that action as well.

Unfortunately, I do not think this falls under HIPAA, so you will have no recourse there.

What I would do, though, is talk to the licensing board for the counselor. I assume they are a licensed counselor. Tell them what happened and how the sibling was contacted via text message. I don't think they will look too favorably on that, and you should be able to file a complaint with them.

I would also call the school district office (or look on their website for the district rule book/regulations) and casually ask about emergency contact protocol--don't get into specifics, just ask who they contact first in an emergency and if they ever skip contacting the parents first. See what their first reaction is--without their knowing the full issue. Then, maybe, file a complaint with the district based on what they tell you.

Good luck!

confidentiality - Therapist MT

[ In Reply To ..]
I'm a therapist and the counselor is bound by the (more strict) laws of confidentiality. She/he not only has a HIPAA breach but they also have a case against them for not safe-guarding confidentiality of their client.

You have to ask yourself what result you want. Your reaction can range from reporting this person to their boss, going to the school board, talking to an attorney. You have every RIGHT to create a stir over this. Don't let it go. Protect your child.

Important Info for you!!! - anon again

[ In Reply To ..]
In case you didn't notice, this whole thing really bothers me ;]

Here's some information I found for you:

American School Counselor Association, a link to their Legal and Ethical FAQ (states to notify parents specifically, without reference to persons on an emergency contact list): http://www.schoolcounselor.org/content.asp?contentid=688

You are not covered by HIPAA; however, you and your child are covered by Family Educational Rights and Privacy Act Regulations (FERPA). You can file a written complaint with their office, but I would try to call first to get their take on the situation.
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Thank you all so much! This is a tough situation to be in. sm - concerned

[ In Reply To ..]
It has been so stressful but on a good note, the sibling is doing great now. I'm still not letting this go though. Things like this is what pushes people over the edge like what happened today in CT. There needs to be more training and teaching of these schools and their employees in how to deal with situations. Ours most definitely overstepped boundaries and enhanced our situation rather than helping it. After all the problems that surrounded my child's situation, had she truly been on that edge, it would had flipped her over so that's why I'm so insistent on bringing these issues to light. We did have someone in our school commit suicide last year so it makes me wonder what the circumstances where and if they had a part in flipping that student over. Ours started with the boy/girl drama, enhanced to bullying/harassing, retaliation, and it wasn't until I attempted to help the situation after it went on for over 3 weeks that the above issues came up. I complained to the school, they didn't take care of the situation, and then all this other stuff crept up. I dropped off the personal journal at the front office to give to my child and someone took it upon themselves to read her journal, passed it on to the counselor. The counselor then called my child in and tried to talk to her. It was this day that the sibling was contacted. I never was. It wasn't a situation of contacting the emergency listed person because it was no emergent situation nor relying of emergency information. Number one violation was reading my child's personal journal. Number two was sharing of personal health information. The office also had the guts to call my child's best friend's parent and tell them they should not let their child hang with mine. She is a beautiful young, sweet adult and has done nothing to anyone, usually very well liked. It all stemmed from jealousy issues surrounding the quarterback boyfriend and my child was the one who was broke up with so she really got nothing!

Thank you so much for the links! I am going to get busy on them! This needs brought to light no matter what outcomes; at least I can help future situations hopefully.

I think this is an issue that deserves attention asap.... - we parents have many rights in the

[ In Reply To ..]
school system. Don't be intimidated or think you don't have any cause to pursue this. They are protected by the union, but no big deal. I have had a teacher suspended, numerous meetings regarding a special ed child, calling off meetings and chewing them out when need be, and believe me if you come in and know your facts and stand guard, they will listen! I have such a strong aversion to public schools. I commend you on being such a good parent and fighting for what is right and your child's rights. Just document your facts and file the complaints with the appropriate personnel. The squeaky wheel will get oiled, especially from a parent! You have rights!! Don't back down!!

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