Hippa/Ferfa in Juvenile Facility

[primalhowl]

I have tried and tried to find this myself, but still can't find a clear answer and have been reading for days to try and find.

ANY HELP would be appreicated.

I work as the clinic nurse with a Dr. that has an inschool office at a 24hr placement/school with adjudicated youth up to the age of 18.

Students are funded and sent there by their county or TYC and a few other places. Not sure where counties get funding from.

Since we are part school I believe it is under FERPA, but either which way do the people that are the counties that place them there(probation officers) and people where I work get FULL assess to all ongoing health care issues, medical appt info, lists of meds and etc, with these youths.

My supervisor has never been educated in any medical field and this place has been there for years and years BEFORE HIPPA, and they pass medical info back and forth to my non-medical supervisor, caseworkers for individual students, teachers and almost anyone that cares for the students, plus on to the probation officers in the counties that sent them, and of course to TYC.

SO JUST WONDERED if this is legal, or if there is a limit to WHO gets info and only if it pertains to their department.

Kids are on medicaid while they are there for their medical coverage if that makes a difference.

ANY info you can help me with would be MOST WELCOME to help me understand this law.

[~~RN~~]

I do not work with juveniles, and I do not know what FERPA is, but under HIPPA, the individual or the Guardian (in the case of juveniles and incapacitated individuals) can give permission for the records to be shared with anyone they choose. Therefore, the question is "who is the Guardian of these juveniles?" If it is the County, then I think it is implied that all who work with the juvenile (and are agents of the County) have the permission of the Guardian to have access to the medical information. It might be worth the time to get the County's take on the whole process(and in writing), and I would also strongly recommend (annual) Confidentiality reminders/in-services so that all are aware that there is a responsibility and accountability when one has access to medical information about a client. Please let us know what you ultimately find out, as I think this is pertinent to many situations in corrections/Juvenile Justice.

[houstonlvn]

hmm,

I think what happens is that when a juvenile comes into any facility THEY become his guardian. Therefore wouldn't it be like a county sends a student to the facility and one of the agreements would be that the p.o. has access to everything pertaining to the juvenile.

NOT SURE this is the case, and I am calling P.O's myself and can't get an answer.

[crystalwomn]

HIPPA has very specific rules for corrections and correctional officers can have some access to medical information. Mostly if it affects the facility, saftey of staff, for transport or for continuity of care. Information about HIPPA and corrections can be found on the Office of Civil Rights website. As to a school situation, I am not sure but I doubt security should have carte blanche as far as knowledge of medical/mental health issues. If the student has learning disabilities, the teachers and psychologists do have a right to information, so that they can develop and IEP--individualized education plan. Information about special education laws can be found on either the CHADD website or LDA website.