<p>Parents (particularly those involved in law),</p>
<p>I have read on the Internet a little about FERPA and HIPA laws, but cannot quite figure out an answer to my question. Perhaps one of you can help. The question is, if I reveal personal medical information to someone who is not a physician, and they choose to tell someone else without me giving them some form of permission to do so, are they violating federal law?</p>
<p>Thanks to anyone who can answer this!</p>
<p>Not as far as HIPPA goes, </p>
<p>Administrative Simplification standards adopted by HHS under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) apply
to any entity that is:
<p><a href=“http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/CoveredEntitycharts.pdf[/url]”>http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/CoveredEntitycharts.pdf</a></p>
<p>Is there any type of law that protects this?</p>
<p>^ nope. You assume the risk of confiding in another person, just like anything else you tell people. Medical information is no different as far as the law goes when told to someone not covered by HIPAA.</p>
<p>However, it depends on what you meant by “someone not a physician.” The law DOES cover other health providers, including mental health (non-physician) providers (such as behavior therapists, direct interventionists and other BA- and even HS Diploma-level positions) as well as any nonmedical staff employed in a healthcare facility. However, if you told your friend or your child told another adult who told someone else, that would not be covered</p>
<p>Also, if you disclose a medical condition that would affect your ability to learn in the same manner as fellow students (dislexia, etc) or present the potential for health risks while at school (seizures, diabetes, etc) to school administration, FERPA does protect this information and only generalized information can be passed on to others…but only those within the institution would NEED to know…such as instructors, RA’s, etc. And those people are bound by FERPA as well. I think there is also another policy that covers such medical issues told to school administrators, but I am not entirely sure, since, as a Financial Aid Administrator, I do not have the right to know which students have medical conditions of any kind.</p>
<p>Perhaps I should rephrase what I wrote a bit, and say that if a student discloses a medical issue or disability (I’m NOT talking about the flu or a common cold here) to a professor, is it ILLEGAL for that professor to discuss that with other students, professors, etc.? I thought it was not legal for professors to discuss grades of students with other students, etc, and that similar laws applied to medical information.</p>
<p>Blue,</p>
<p>My understanding is that if a professor or other college administrator is informed about the medical condition of a student, they are not permitted to share the information with anyone (except necessary school officials) unless it is vital for class members to know. In those instances (such as a communicable disease) only generalized information can be disclosed and no identifying information can be given to others.</p>
<p>Basically, if a professor is told that the student is ADHD or learning disorder, for example, they cannot disclose that to anyone else. If the information is given to administrators, however, it is typically shared with all the students professors, who then may discuss the condition with each other to determine the best means of teaching. However, if the student discloses they have been diagonsed with depression and are struggling, they can disclose this to specific administrators. Some medical information walks a fine line…and if you are dealing with a real situation, your best bet would be to discuss yoru concerns with the Dean of Students at your school.</p>