Difference between revisions of "Students Health Records Shared With Parents"

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|Location=United States
 
|Location=United States
 
|Date=October 2015
 
|Date=October 2015
|Taxonomy=Identification, Secondary Use, Disclosure, Decisional Interference
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|Taxonomy=Identification, Secondary Use, Decisional Interference, Breach of Confidentiality
 
|Personal Information=Identifying, Medical and Health
 
|Personal Information=Identifying, Medical and Health
 
|Threat Actors=University/college health facilities
 
|Threat Actors=University/college health facilities
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|Secondary Consequences=Inconvenience, Ostracism, Loss of Trust, Embarrassment, Anxiety
 
|Secondary Consequences=Inconvenience, Ostracism, Loss of Trust, Embarrassment, Anxiety
 
|Summary=Students health records may be shared with their parents by campus health facilities, even without a patient's consent.
 
|Summary=Students health records may be shared with their parents by campus health facilities, even without a patient's consent.
|Description=Andrea, a Yale student was treated at the campus health center for depression and anxiety. She had to be hospitalized and the university’s mental-health center decided to notify her parents — even though records show her health providers knew she had a broken relationship with them. <sup>[[Disclosure]]</sup>  
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|Description=Andrea, a Yale student was treated at the campus health center for depression and anxiety. She had to be hospitalized and the university’s mental-health center decided to notify her parents — even though records show her health providers knew she had a broken relationship with them. <sup>[[Breach of Confidentiality]]</sup>  
  
Had Andrea not been a student, the clinicians treating her would have sought her permission before sharing information on her condition or medical care. Under the [[Health_Insurance_Portability_and_Accountability_Act_of_1996 | Health Insurance Portability and Accountability Act of 1996]] , the landmark federal law known as HIPAA, patients can limit who has access to such information. Andrea’s records at Yale were subject not to HIPAA; they fell under the [[Family_Educational_Rights_and_Privacy_Act | Family Educational Rights and Privacy Act]], known as FERPA, the federal law that provides privacy protections for student records. Under FERPA, the fact that Andrea was no longer a minor did not matter. FERPA allowed the university to share information with her parents. Both laws allow providers to share information in an emergency, but even then, HIPAA tells them to seek permission from patients first.
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Had Andrea not been a student, the clinicians treating her would have sought her permission before sharing information on her condition or medical care. Under the [[Health_Insurance_Portability_and_Accountability_Act_of_1996 | Health Insurance Portability and Accountability Act of 1996]], the landmark federal law is known as HIPAA, patients can limit who has access to such information. Andrea’s records at Yale were subject not to HIPAA; they fell under the [[Family_Educational_Rights_and_Privacy_Act | Family Educational Rights and Privacy Act]], known as FERPA, the federal law that provides privacy protections for student records. Under FERPA, the fact that Andrea was no longer a minor did not matter. FERPA allowed the university to share information with her parents. Both laws allow providers to share information in an emergency, but even then, HIPAA tells them to seek permission from patients first.
  
Yale website states that parents cannot access students' medical information without patient's consent. Andrea said she never signed such document and when she asked to see a form she was told by the counseling center’s chief that there was none. This is an example of [[Decisional Interference]] into students life.
+
Yale website states that parents cannot access students' medical information without the patient's consent. Andrea said she never signed such a document and when she asked to see a form she was told by the counseling center’s chief that there was none. This is an example of [[Decisional Interference]] into a student's life.
 
|Sources=https://www.propublica.org/article/when-students-become-patients-privacy-suffers
 
|Sources=https://www.propublica.org/article/when-students-become-patients-privacy-suffers
 
}}
 
}}

Latest revision as of 15:33, 24 July 2020


Students Health Records Shared With Parents
Short Title Camous Health Facilities Share Students Health Records With Their Parents
Location United States
Date October 2015

Solove Harm Identification, Secondary Use, Decisional Interference, Breach of Confidentiality
Information Identifying, Medical and Health
Threat Actors University/college health facilities

Individuals
Affected Students who seek medical help on campus
High Risk Groups Students
Tangible Harms Inconvenience, Ostracism, Loss of Trust, Embarrassment, Anxiety

Students health records may be shared with their parents by campus health facilities, even without a patient's consent.

Description

Andrea, a Yale student was treated at the campus health center for depression and anxiety. She had to be hospitalized and the university’s mental-health center decided to notify her parents — even though records show her health providers knew she had a broken relationship with them. Breach of Confidentiality

Had Andrea not been a student, the clinicians treating her would have sought her permission before sharing information on her condition or medical care. Under the Health Insurance Portability and Accountability Act of 1996, the landmark federal law is known as HIPAA, patients can limit who has access to such information. Andrea’s records at Yale were subject not to HIPAA; they fell under the Family Educational Rights and Privacy Act, known as FERPA, the federal law that provides privacy protections for student records. Under FERPA, the fact that Andrea was no longer a minor did not matter. FERPA allowed the university to share information with her parents. Both laws allow providers to share information in an emergency, but even then, HIPAA tells them to seek permission from patients first.

Yale website states that parents cannot access students' medical information without the patient's consent. Andrea said she never signed such a document and when she asked to see a form she was told by the counseling center’s chief that there was none. This is an example of Decisional Interference into a student's life.

Laws and Regulations

Health Insurance Portability and Accountability Act of 1996
Family Educational Rights and Privacy Act

Sources

https://www.propublica.org/article/when-students-become-patients-privacy-suffers