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HIPAA

Sharing Information About Your Child

Sharing your child's health information with and between his/her various health providers is an important part of the Medical Home concept, especially when several specialists are caring for your child. With access to all important information, your physicians can make the best decisions, avoid duplication of tests and services, and minimize the risks of using the wrong drugs or other treatments. Other providers can be sure that their services are consistent with the overall plan and can work with your Medical Home to make sure your child gets the best care possible.
You, as a health care consumer and a parent, have the right to control where your health information goes and the responsibility to make sure information is available to those who need it. In general, you should also try to limit access to your child's medical information to only those people who need it to provide care, to work with your providers (e.g., schools), or to provide funding/payment (e.g., insurance companies, Social Security, etc.). It is important to be careful about how the information is shared - transmitting records by fax or email may not be the safest way unless you are sure the fax will only be seen by the right people or that the email is appropriately encrypted. Federal legislation has mandated certain protections for health information.

What is HIPAA? And why is it important?

The Health Information Portability and Accountability Act (HIPAA) was established by the U.S. Department of Health and Human Services (HSS) in 1996. This national set of privacy regulations limits the ways that health plans, pharmacies, hospitals, physicians, and other "covered entities" can use patients' personal medical information. The regulations govern sharing of "protected health information" – any information about health status, provision of health care, or payment for health care that can be linked to an individual.
Listed below are some frequently asked questions pertaining to children's health care needs. Answers have been summarized from the Health and Human Services web site. For more detailed information, see Health Information Privacy (HHS) or HIPAA Frequently Asked Questions.

How does HIPAA affect the confidentiality of my child's medical records?

The privacy regulations prevent personal medical information from being given, without your permission, to an outside entity for purposes unrelated to your child's health care, such as a life insurer, a bank, or a marketing firm.

Do my child's physicians need my permission to share information with each other?

No, but... The HIPAA Privacy Rule permits a health care provider to disclose protected health information about an individual, without the individual's authorization, to another health care provider for that provider's treatment of the individual. Health care providers are equired by HIPAA to take all necessary precautions in sharing information in a confidential manner. But it can be very helpful to providers when parents are proactive in granting written permission to communicate with other providers and, particularly, with schools and mental health providers. Many people (including providers and their staff) don't fully understand HIPAA and may not be willing to communicate without your explicit permission, even when it would be perfectly legal and in your child's best interest.

What about communicating with my child's school personnel

Sharing health information with and from schools and school personnel is governed by yet another law, the Family Educational Rights and Privacy Act (FERPA), which is even more restrictive than HIPAA. Special forms will be needed to grant school personnel permission to share information. See Family Educational Rights and Privacy Act (FERPA), the Portal's Education & Schools section, and the Information Release Form (Schools) (PDF Document 51 KB) .

Are parents entitled to copies of their child's medical records?

Patients and their parents should be able to obtain copies of their medical records and request corrections if they identify errors and mistakes. Health plans, doctors, hospitals, clinics, nursing homes and other covered entities generally should provide access to these records within 30 days of request and may charge patients for the cost of copying and sending the records.

What happens when I sign information release forms?

Most physicians and other providers will ask you to sign a "release form" giving them formal permission to share information with other providers, facilities, schools, etc. Examples of such forms can be found below under "Tools." These forms usually allow you to specify details about when, where, and how much of your medical records may be shared. It is also a good idea to indicate for how long they may be shared.

Can I fax or email medical information?

Yes, but it is a good idea to ask if these methods are protected for confidentiality.

Resources

Information & Support

For Professionals

HIPAA Privacy Rule (NIH)
Basic information and links to detailed information about HIPAA, focused on research and researchers; from the National Institutes of Health

For Parents and Patients

Health Information Privacy (HHS)
Overview and links to detail about HIPAA, for Consumers and for Covered Entities (physicians and health organizations); from the U.S. Department of Health and Human Services.

HIPAA Frequently Asked Questions
Search for information about HIPAA on the U.S. Department Health and Human Services site.

HIPAA and FERPA
Information about HIPAA and FERPA (Family Educational Rights and Privacy Act). To find the information, scroll down the document more than half way to "The FERPA/HIPAA Interface".

Tools

Information Release Form (Schools) (PDF Document 51 KB)
When signed by the parent/guardian, this form will authorize communication between the physician and school officials regarding your patient.

Release of Information Form (Medical) (Word Document 28 KB)
This sample form may be used to share information between designated providers. Check with your Medical Home for more information.

Authors

Author: Chuck Norlin MD, 12/2008
Contributing Authors: Alfred Romeo RN, PhD, 7/2008
Gina Pola-Money, 6/2008
Content Last Updated: 1/2009