CONFIDENTIAL HEALTH CARE INFORMATION

1
CONFIDENTIAL HEALTH CARE INFORMATION

• New
• Release and Exchange
• Forms
• Kathe Reed-McKay, Coordinator Health Services
• May 2006

2
Purpose of the new forms

• Comply with HIPAA, FERPA and
• RCW 70.02
• Comply with OSPI Guidelines for Handling Health
  Care Information in Schools (1995)

3
Reasons for the new forms

• Physicians, clinics and agencies were
  increasingly refusing to honor our forms
• Ensure student confidentiality per law
• Staff and District Support

4
HIPPA (April 2003) Health Insurance Portability
and Accountability Act

• Federal Law
• Protect individuals privacy rights pertaining to
  information in medical records
• School districts must comply when requesting
  medical records

5
FERPAFamily Education Rights and Privacy Act

• Federal Law
• Protect individuals privacy rights pertaining to
  information in educational records.
• School districts must comply

6
WA State Laws

• OSPI guidelines re Health Care Information in
  Schools (Sept. 1995)
• These guidelines are based on RCW 70.02 which s
  more restrictive than HIPAA and FERPA
• PP defines who could be considered health care
  providers in the school setting
• School Counselors, Psychologists, OTs, PTs,
  SLPs, and Nurses.

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SO.

• Districts must be HIPAA compliant when requesting
  records from a health care provider.
• The records then become educational records under
  FERPA. Except..
• RCW 70.02 is more restrictive than FERPA about
  third party health care information.

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THIRD PARTY HEALTH CARE INFORMATON

• Health records that are generated by a health
  care provider.
• Sent in response to an authorization to release
  confidential health information.
• Contain information that cannot be re-released
  (even to parents).

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Third Party Health Care Info

• PER STATE LAW
• THIRD PARTY HEALTH CARE INFO IS CONSIDERED
  HIGHLY CONFIDENTIAL AND CAN ONLY BE VIEWED BY THE
  PERSON(S) REQUESTING AND LISTED ON THE RELEASE
  FORM.

10
Third Party Health Care Info

• Contains info that cannot be disclosed/shared
  unless
• The persons receiving are health care providers
  acting on behalf of a student.
• OR
• Need to know for reasons of student health or
  safety.
• Read 70.02.05, 1 (a)-(e)

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Third Party Health Care Info

• Usually needed to assist school staff with
  educational placement or accommodations.
• Requestor should inform parent of how info will
  be used to benefit the student
• Once obtained, interpreted and educational
  relevance is determined, records must be shredded
  (document on release).
• If records are maintained, they must be kept in
  the requesting staff members personal records
  and not in the confidential or cum file.
• Do not request information if you do not need it.

12
HIPAA Reminder

• HIPAA covered entities can share health care
  information with non-HIPAA covered entities, such
  as school districts without a release BUTthey
  are not required to do so.

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RELEASE OF INFO FORM

• One form for ED or HEALTH records request
• Now HIPAA Compliant
• Specific name of requestor(s)
• Include title(s) as well
• Specific info requested
• Purpose of request
• Rights and legal-eze
• 90-day limit no longer a requirement

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RELEASE of info.

• For receiving or providing written health or
  educational records.
• request written health records only when it is
  vital to your work.
• The EXCHANGE of info form might fit your needs
  better.
• No longer any 90-day limit but

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Communicating without a release

• RCW 70.02 lists conditions for that Health Care
  Providers (HCP) may disclose without a release.
• Read this law as if you were the HCP or if you
  called a HCP to discuss or share your health care
  info without a release.
• THE LAW DOES NOT REQUIRE THE PROVIDER TO RELEASE
  INFORMATION without a signed authorization.
• This is an option that is rarely used in the
  schools.

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EXCHANGE OF INFO

• Authorization to Exchange info- usually verbal.
• For ED or HEALTH information
• No 90-day limit
• NOT FOR THIRD PARTY HEALTH INFO

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Examples Using an Exchange form

• Counselor contacting agency to share information.
• SLP needs to communicate with the Feeding Clinic
  re school concerns
• School nurse want to share blood sugar results
  monthly with physician.
• Home/Hospital specialist needs documentation to
  determine eligibility.

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QUESTIONS??

• Would there be a time I would need to fill out
  both? Maybe but use the exchange and be specific
  about what you need.