handling of medical forms

[substring]

Fellow Scouters:

 

This year our troop is going to Camp Hale for Summer Camp. The adult leaders are planning to make photocopies of all adult and scout medical forms, and put them in binders for all drivers. The intention is good because if somehow we get separated and there is a medical emergency, the driver has all the information. However, I worry about the handling of sensitive information and the potential liability to the troop. For example, I noticed some binders that were used in Summer Camp last year still contain the medical forms from last year. I believe they should have been shredded immediately after the Summer Camp. But apparently, people are not taking it seriously. Therefore, it leads to the following questions:

 

1. Does HIPAA law and regulation apply to a scout unit?

2. How does your unit handle such situation ... to provide valuable services to your members while maintaining their privacy?

 

Thank you very much.

[CA_Scouter]

1. don't know

 

2. We keep the med forms in a large sealed manila envelope, with instructions that its not to be opened unless an emergency arises. Travel binders are handed out at the start of the activity and returned at the end.

 

 

[Eagle92]

1) It is my understanding that HIPAA applies to the medical profession only, i.e. hospitals, medical offices, labs, etc. I can double check and confirm this given time as I have to take a class on it every year.

 

2) My old unit kept the health forms year round in a binde that wen on every trip. Depedning upon who went on the trip, it was either the SM who kept the, or one of the ASMs who was also a physician.

[Eamonn]

I'm the sort of guy who when all this HIPAA stuff came along found it to be a bit of a pain.

Mainly because I didn't understand it and I got a little fed up signing all the forms everywhere I went.

HIPAA has been around now for a while.

I have heard lots about it.

I heard that there was some concern at the Jamboree about how the information was being transmitted?

I think it's fair to say that I'm as dumb now as I was when it first came along.

When I read what you posted I did a search on Ask. com

 

I came across this:

http://www.ask.com/bar?q=+Does+HIPAA+law+and+regulation+apply+to+a+scout+unit%3F+&page=1&qsrc=0&ab=1&u=http%3A%2F%2Frec-law.blogspot.com%2F2009%2F02%2Fnew-bsa-medical-form-is-disaster.html

 

I don't know anything about the people who put this together.

But next time I'm at our Council Service Center,I'm going to try and find out what they know?

I'm not expecting the people in the Service Center to be much more informed than I am!

But maybe someone will know who to ask?

I'll get back when I find out more.

Eamonn.

 

(Looks like you will need to copy and paste for the link.)(This message has been edited by Eamonn)

[evmori]

HIPAA only applies to doctors, hospitals, ER's, etc. Not Scout units.

 

Collect all the old forms & either return them to the parents or shred them.

[Pack212Scouter]

1) HIPPA only applies to medical services and professionals. It does not apply to Scouting Units.

 

2) The original should be kept on file with the unit until it is replaced with a more current medical form. Copies should be used for any trips/camps and should be shredded afterwards.

[substring]

Thank you everyone! Yes, there should only be one set of medical forms for the troop's records and the access should be limited to one or two people only. I will need to talk to the troop leaderships and reiterate that they need to keep track of how many copies are made for the Summer Camp. And the person who made the copies will also be responsible for collecting and shredding them immediately after the Camp.

[raisinemright]

I just signed mine and I signed off on allowing any scout professionals or volunteers see the information.

 

In my perfect world, each leader would have access to this information so that he would know if there was a potential problem, allergy, condition etc. There would be multiple copies etc.

 

The problem we had was htat the guy who had the med forms left the troop and the files were lost. Some boys needed to get re-checked to bring their files up to speed. We now ask parents to keep a copy of the form for the future.

 

[wolfmama500]

then if someone can answer please, who in the Unit is or should be authorized to keep or look at the forms, I'm asking because I'm secretary in a Pack and a troop and will like to know as this issue have never come up and I will like to know for future references...

[Beavah]

Yah, agree, HIPAA does not apply.

 

My feelin' with regards to youth medical conditions in a Boy Scout Troop is that knowing about them and being prepared to handle them is critical for safety. So I encourage units to inform every adult leader as well as senior youth leaders where appropriate. The boys like as not have more first aid trainin' than some adults, and they're going to catch issues quicker if they know what's up. It's rare that boys really have "privacy issue" conditions. From cancer to ADHD, the boys tend to tell their friends anyways.

 

Adult health issues can be more sensitive. Still, I think yeh don't get a right to privacy when you're relyin' on the rest of the group in a remote wilderness environment. All the other adults should know, as well as key youth leaders.

 

In fact, I'd consider it negligent and irresponsible if an outdoor program did not inform all of its leaders of the medical conditions of everyone on the trip. I think that's where the real "potential liability" is.

 

A good practice is to have the forms reviewed by a medical professional on the committee, and then summaries prepared for all the leaders. Keep the originals on file, and make copies that are carried on every outing along with permission to treat documents.

 

Beavah

(This message has been edited by Beavah)

[SctDad]

My career field has me dealing with HIPPA issues all day and every person that I take to the Emergency Department.

 

HIPPA does apply mainly to Medical providers. But it also applies to anyone who has a need to see the records of medical treatment and history. (Examples are insurance and incident investigators)

 

So does this apply to leaders. Maybe.

 

How do we prevent running into problems?

Basically the rules are set like this. You must make an attempt to protect the PROTECTED INFORMATION. Meaning, use envelopes or binders that can keep information covered and out of sight of prying eyes.

 

If you are going to use the method of making sure every vehicle has copies, put them in an envelope and seal it. That should suffice. Put it under the seats of the vehicle when you get out to go and eat. That is making an effort to protect the information.

 

Here is another suggestion. Have one copy of all the records in one vehicle. Also have one parent that is not going have a copy in case of an enroute emergency. Also make sure that they have access to a fax. That way if needed you can fax it directly to the Doctor that is requesting it. No extra copies laying around and you have copies as you need them.

 

I hope that this information helps you with what you need.

 

As for how long do you keep them. I think that they are good for a year. After that I would feed them to the shredder. Or use them as kindling

[Eagle92]

I am not too familiar with how packs handle this,especialloy since uit's family camping and the parents are suppose to be there, But I would have 3 copies of each form. First copy goes to the unit and they hold thm and take them to every activity. Secodn copy stay's witht the CS's parents so that they cankeep it for when they attend functions. that way they have the form and can take it to the hospital if needed. Third copy stays at home and is available to be faxed just in case .

[Beavah]

So does this apply to leaders. Maybe.

 

No. Never.

 

The Health Insurance Portability and Accountability Act is a law governing medical providers and insurers.

 

It does not apply to Scouting volunteers or units at all.

 

And, generally speaking, the forms are meaningless if a parent/legal guardian is present in person.

 

B

[FScouter]

Everything one needs to know about HIPPA and Scouting may be found in the Guide to Safe Scouting. (Hint: ain't nothing there)

[scoutldr]

The others are correct...HIPAA only applies to "covered entities" as defined in the law. (see the DHHS website). That does NOT include scouters OR councils OR camps. However, I believe that if I provide private information in good faith, and suffer harm because of the negligence of those entrusted with it (e.g. identity theft), I do have cause for legal action. It's just not a HIPAA violation.

 

Disclaimer: I'm NOT a lawyer. But I do have to take HIPAA training every year for my job.