Agree. I was responding only to the prior e-mail re dorm fees, etc... I was trying to provide context to the protection of tuition statements, dorm fees, etc.. which are outside the scope of HIPAA.
Tom Kleyle
(317) 453-4156 Office
(317) 294-3645 Cell
| <[EMAIL PROTECTED]>
01/14/2003 05:30 PM |
To: Thomas B. Kleyle/US/ABAS/PwC@Americas-US, "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]> cc: Subject: RE: Parent Inquiries and HIPAA |
This is not totally a FERPA issue. Your university children, are not children, they are adults. You don't have parental rights over them any more, and neither access to medical records - except as next of kin in situations where the law recognizes that right. It is reasonable that an authorization be required under that situation, unless there was a Power of Attorney drafted and executed.
Regards,
Tim McGuinness, Ph.D.
Consulting Specialist in Regulatory Privacy, Security, and Application Compliance
[EMAIL PROTECTED]
Executive Co-Chairman for Privacy,
HIPAA Conformance Certification Organization (HCCO)
__________________________________________________________________
Office: 727-787-9801 Cell: 305-753-4149 / 240-525-1149
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-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 6:03 PM
To: WEDI SNIP Privacy Workgroup List
Cc: WEDI SNIP Privacy Workgroup List
Subject: Re: Parent Inquiries and HIPAA
I believe that this is an issue with the Family Education Rights and Privacy Act (FERPA). Here is a link for those who are interested http://www.ed.gov/offices/OM/fpco/ferpa/
Tom Kleyle
(317) 453-4156 Office
(317) 294-3645 Cell
| "Ellen Rubin" <[EMAIL PROTECTED]> 01/14/2003 04:38 PM Please respond to "Ellen Rubin" | To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]> cc: Subject: Re: Parent Inquiries and HIPAA |
Same with my kids at two different Washington State Universities. Even the tuition statement goes to my son in his dorm, which he has to forward to us. Without authorization they wouldn't even tell me if dorm fees were up to date or if we owed.
------------------------------------------------
Ellen Rubin, RN, BSN
Privacy Coordinator
Box 359738
Harborview Medical Center
Seattle, WA 98104
Office: 206 731-6048
Fax: 206 731-2097
Page: 206 989-1276
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----- Original Message -----
From: Ruedy, Valerie
To: WEDI SNIP Privacy Workgroup List
Sent: Tuesday, January 14, 2003 2:06 PM
Subject: RE: Parent Inquiries and HIPAA
My son (at a state University) had to sign release forms both with the business office and the health service at his university stating that his father and I could have access to his records. Without his signature (notarized, actually) on that form, I would have no more right to his schedule/tuition/grades/health service records than a stranger's.
Valerie Ruedy
Dakota County Information Technology
(651) 438-8426
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-----Original Message-----
From: Mendel, Linda R. [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 3:40 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: Parent Inquiries and HIPAA
Deborah, I agree with your assessment of the risk. But, from what I've seen in the sample NPPs put out by TPAs, many TPAs are taking a pretty broad view of 510(b).
-----Original Message-----
From: Drexler, Deborah (EHS) [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 4:19 PM
To: WEDI SNIP Privacy Workgroup List
Subject: FW: Parent Inquiries and HIPAA
The only thing that might help you is the 510(b) "involvement in the individual's care." And that's only a maybe.
Tread carefully here. Besides the very limited 510(b) exception, which may or may not even apply here, a person technically has no more right to her adult daughter's PHI than she does to her neighbor's PHI. And this is an area fraught with legal liability. College-aged students are doing all sorts of things they don't want their parents to know about. Woe to the entity that discloses to the parent of a college student that the student had an AIDS test, an STD diagnosis, an abortion, even substance abuse counseling...
Deborah L. Drexler, Esq.
HIPAA Program Consultant
Executive Office Health Human Services
One Ashburton Place
Boston MA 02108
617-727-7600
[EMAIL PROTECTED]
-----Original Message-----
From: dale pocklington [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 14, 2003 3:41 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Parent Inquiries and HIPAA
I have a privacy related question that I just can't seem to find a specific answer for. I am dealing with a TPA/Broker type environment that has about 80% of the calls from non-providers whose parents are calling on behalf of their adult college-aged children. This is probably because the students either don't understand the insurance process, don't have time to handle their claims, or because the parents still handle all the child's finances. The nature of the calls are everything from claims payment status to inquiries about problems. I can't find anything in the HIPAA privacy regs. that specifically addresses this issue. Mostly, I have found language regarding being a "personal representative". However, that seems to address minor children, or situations where the parent has some sort of legal authority over an adult child.
My question is, under HIPAA, is there any sort of language or interpretation that allows/covers the above situation whereby we do not have to get the insured's consent to discuss his or her claim with their parents?
Dale W. Pocklington, MS, MHA, CDIA, CCA
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