Privacy of Health Forms

[scoutldr]

I recently decided to renew my OA Lodge membership.  I downloaded the form had it all filled out when I noticed the checkbox: "A current Medical Form is either enclosed or on file with the Lodge. "

I do not plan on attending any events...just wanted to support the Lodge.  I declined to mail it in.  I don't know who "Lodge" is or how trustworthy they would be in maintaining confidential medical information.  The last time I attended summer camp with a unit, my medical check=in was done by a 14 year old CIT.

[RememberSchiff]

 

"Neither the BSA nor the Annual Health and Medical Record are subject to the Health Insurance Portability and Accountability Act (HIPAA). A Scout is Trustworthy: Records and sensitive information should be maintained in a private manner."

 

Maybe if they were, adults would be more trusting in providing health forms.

 

https://filestore.scouting.org/filestore/HealthSafety/pdf/680-055(16)_AHMR.pdf

 

My $0.02,

 

Edited March 12, 2019 by RememberSchiff
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[HelpfulTracks]

1 hour ago, scoutldr said:

I recently decided to renew my OA Lodge membership.  I downloaded the form had it all filled out when I noticed the checkbox: "A current Medical Form is either enclosed or on file with the Lodge. "

I do not plan on attending any events...just wanted to support the Lodge.  I declined to mail it in.  I don't know who "Lodge" is or how trustworthy they would be in maintaining confidential medical information.  The last time I attended summer camp with a unit, my medical check=in was done by a 14 year old CIT.

The Lodge only needs your health form if you are going to attend events. But in those cases they do need it, in fact it is policy. 

We usually have 3-4 youth doing check-in but adults are nearby and adults keep control over medical records. We are fortunate enough to have a few MD's in the Lodge and at events, so they are usually in charge of health forms, if not we keep them locked up in admin. 

[ParkMan]

34 minutes ago, RememberSchiff said:

 

"Neither the BSA nor the Annual Health and Medical Record are subject to the Health Insurance Portability and Accountability Act (HIPAA). A Scout is Trustworthy: Records and sensitive information should be maintained in a private manner."

 

Maybe if they were, adults would be more trusting in providing health forms.

 

https://filestore.scouting.org/filestore/HealthSafety/pdf/680-055(16)_AHMR.pdf

 

My $0.02,

 

I would be interested to get some instruction on what following HIPAA rules would mean here.  Though we are not bound by those rules, we certainly could voluntarily follow them in our units  and tell people that week are doing so.

[HelpfulTracks]

4 minutes ago, ParkMan said:

I would be interested to get some instruction on what following HIPAA rules would mean here.  Though we are not bound by those rules, we certainly could voluntarily follow them in our units  and tell people that week are doing so.

On its face it seems like a good idea and the right thing to do. 

But I wonder if you would be stepping into a legal mine field. If you say we are going to follow HIPAA and then do something incorrectly by mistake, where would that leave you from a legal jeopardy perspective? Not a lawyer, just pondering the possibilities....

Edited March 12, 2019 by HelpfulTracks

[ItsBrian]

As a nursing student (in high school), HIPAA can be easily broken and it would require training for every volunteer. If BSA adopted HIPAA guidelines, I feel like it would exteremly hard to enforce at a troop level and could create many issues.

Edited March 13, 2019 by ItsBrian

[DuctTape]

One could adopt the HIPPA guidelines as "best practices" and not be legally bound by them. 

[scoutldr]

HIPAA (not "HIPPA") requires that a person's "PMI" (personal medical information) be safeguarded from people who are NOT authorized to view it and can be disclosed ONLY to others who are authorized (in the Law, that means medical providers, insurance companies, etc.).  The info can be disclosed only with the written permission of the person (patient).  I am not confidant that the BSA, Councils, Lodges, Units, etc have the capability to ensure such safeguarding even if they wanted to.

[RememberSchiff]

Perhaps we should have , as some schools have, a separation between personal medical information and activity permission. Authorized, trained medical personnel, i.e. those rendering care beyond first aid, may have secured access to our personnel medical information, untrained such as a 14yr old CIT would not.  

A doctor and patient would complete both forms.

The personal medical information form  would have the results of the most recent exam, medical history, prescriptions, vaccinations, and insurance.  This would be securely held  and handled by patient and  trained medical personnel. IMO in the 21st century, this info should always  be with or on the patient - Medic alert flash drive, microchip, ...

The activity permission form would list permitted, restricted, prohibited activities, as well as allergy, contact and pickup information. Non-medical personnel could have access to this form.

My $0.02

Edited March 13, 2019 by RememberSchiff
Clarity

[malraux]

8 hours ago, scoutldr said:

HIPAA (not "HIPPA") requires that a person's "PMI" (personal medical information) be safeguarded from people who are NOT authorized to view it and can be disclosed ONLY to others who are authorized (in the Law, that means medical providers, insurance companies, etc.).  The info can be disclosed only with the written permission of the person (patient).  I am not confidant that the BSA, Councils, Lodges, Units, etc have the capability to ensure such safeguarding even if they wanted to.

Yeah, anything like ever telling a story about someone getting hurt on a campout would be a hipaa violation.

[DuctTape]

If a person willingly provides their information to another private citizen, that citizen is not obligated under HIPAA to keep it confidential. Yes, that is the ethical choice but the private citizen is not legally bound by HIPAA.

[mrkstvns]

1 hour ago, DuctTape said:

If a person willingly provides their information to another private citizen, that citizen is not obligated under HIPAA to keep it confidential. Yes, that is the ethical choice but the private citizen is not legally bound by HIPAA.

Correct.

The HIPAA law imposes duties of confidentiality on health care providers and insurance companies, but if you yourself disclose information to a private citizen, that's your business. If it turns out that they don't safeguard the information, welllllll, that's between you and the untrustworthy person/organization you trusted.

See:  https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html

[Buggie]

On 3/13/2019 at 1:40 AM, RememberSchiff said:

Perhaps we should have , as some schools have, a separation between personal medical information and activity permission. Authorized, trained medical personnel, i.e. those rendering care beyond first aid, may have secured access to our personnel medical information, untrained such as a 14yr old CIT would not.  

Sorry I'm late on getting through the posts, but yah.  I wouldn't trust BSA to store and handle any information. They can't even get their own applications up and running most of the time. 

[RememberSchiff]

1 hour ago, Buggie said:

Sorry I'm late on getting through the posts, but yah.  I wouldn't trust BSA to store and handle any information. They can't even get their own applications up and running most of the time. 

Yes what a contrast  to see how securely my health form is handled at  my doctor exam , yet that same form and information is so carelessly handled by the BSA.  

[awanatech]

5 hours ago, RememberSchiff said:

Yes what a contrast  to see how securely my health form is handled at  my doctor exam , yet that same form and information is so carelessly handled by the BSA.  

Your doctor is bound by law to handle it securely.  The BSA? No such restrictions.  I know that you are aware of that though.  It is quite a contrast in how information is handled.