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by: Marge Scanlin
HIPAA. You've seen it at your local doctor's
office when you were asked to sign a statement
about persons to whom you authorized the release
of your medical records. But what does it have
to do with camp?
ACA believes the record-keeping policies of HIPAA
don't apply to most camps because you don't do
electronic billing. However, we know that you
need access to records of hospitals and clinics
that see your campers and staff-and those organizations
are covered by the privacy regulations of HIPAA
(The Health Insurance Portability and Accountability
Act).
Will you get easy access to test and X-ray results
when you take campers and staff to see the doctor
this summer? While the hospitals will have access
to the "Permission to Treat" form you
generally take along to the doctor, they may not
have written permission from the parent to release
information to you.
What should you do?
- Contact the PRIVACY OFFICER at the hospitals
and clinics you use BEFORE THE SEASON. Discuss
the scenario of needing-in the best interest
of the camper or staff member-test results and
diagnosis information.
- Remind them that you are in loco parentis
(in place of the parent) in supervising the
individual while they are at camp and, with
the parents' permission to seek treatment in
hand, you are the "personal representative"
(this term is used in the Act itself) of the
camper or staff member.
- Discuss the fact that it is in the best interest
of the camper or staff that the camp health-care
personnel be aware of the test results/diagnosis.
The concept of what is "in the best interest"
of the camper is also included in the Act, and
health-care providers are allowed under the
Act to use their professional judgment to release
health information to people involved in the
camper's care-when it is in the camper's best
interest.
If these steps fail, you have two other options.
One is to have the hospital call the parent when
the child is at the hospital to request verbal
agreement to release information to you. The second
is to get a signed statement from the parents
at check-in (or at the bus stop, if you pick campers
up at a central point) granting you permission
to receive the results of medical procedures completed
while the child is enrolled at camp. This statement
should contain relevant requirements of HIPAA
so that the health-care provider will not question
your ability to get health information.
We believe that contact with the Privacy Officer
of the hospitals and clinics you use should get
positive results in most cases. If you have additional
questions about the legal requirements of HIPAA,
discuss them with your camp physician and/or legal
counsel. For questions about the suggestions in
this letter, contact Marge Scanlin (mscanlin@ACAcamps.org)
at ACA.
Also, check out the ACA Web site for the latest
information on SARS.
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