HIPPA & BSA

[BadenP]

Interesting ideas here. Have you guys/ladies ever wondered just how secure your health forms are at camp, Philmont, et. al., are they always kept locked up and who really has access to them? At the end of camp do you get those forms returned to you or does the camp store or dispose of them, and how is that done? HIPPA aside, a lot of confidential information gets passed through and accessed by a lot of people. I know of one camp where at the end all these confidential forms were just thrown in a dumpster out back. Just food for thought.

[John-in-KC]

Thankfully, what BadenP describes has not happened at the camps I have directly observed in my Council. Health forms are maintained in unit bundles, and are returned to the units at checkout. Eagle92 and PhillyScout: Thanks.

[Greaves]

"HIPPA stands for the 'Health Insurance Privacy and Portability Act' "

 

actually, it's the Health Insurance Portability and Accountability Act (of 1996) and is correctly abbreviated HIPAA.

 

you're welcome.

 

[Beavah]

Yah, Brian85, I reckon you're wanderin' a bit beyond your ken, eh?

 

If a unit violates the GTSS then they are not covered by the group insurance provided by the BSA.

 

Incorrect. Da terms of the master contract are what govern the BSA general liability policy, not the G2SS.

 

If the medical form provided by the participant does not match the form on record with the health insurance provider, guess what?

 

Uh... I give up.

 

Da person's health care coverage is still goin' to be in force. The BSA's health care supplemental coverage is still goin' to be in force. The BSA's umbrella liability policy is still goin' to be in force (but will have a great counterclaim of contributory negligence if the person's non-disclosure led to his injury).

 

So, does HIPAA apply? Yes. The protected health information clause is very applicable.

 

Incorrect. Da PHI clause is an amendment to the Act and is subject to the terms and definitions of the Act. It applies only to covered entities.

 

Have any of you been given medications to provide to youths by the parents? We are not legal guardians, and most are not licensed medical people, able to retain medications for distribution. Imagine if you got arrested for possession of controlled prescription drugs for one of your Scouts. Another great headline...

 

Yah, this is just complete poppycock, eh?

 

What you're talkin' about isn't a function of federal law, it's a function of state law. Dependin' on da state, the law may be more or less ambiguous in a few cases, but nobody is ever goin' to object to you assisting a minor in transporting, storing, or assisting him in takin' his own prescribed medication.

 

Now, if you're usin' Rx medication on others (like you use an epi pen you're carrying on a fellow you run across on da trail who has been stung by a bunch of hornets and is goin' into respiratory arrest), then you should be doin' so in accord with your training and certification and generally under a physician's standing orders.

 

The ARRA of 2009 expanded the applicability of HIPAA statutes to all business entities irt PHI.

 

Incorrect. ARRA expanded da scope of HIPAA to business associates of covered health care entities as described in the Act. That includes things like the billing firms used by hospitals, the IT firms that transmit electronic health records and the like. No readin' of that law could possibly make the BSA or a BSA unit subject to the Act as a business associate.

 

Beavah

 

[Beavah]

can you share what the NCS provisions are for health record privacy during a unit week at a Scout Reservation?

 

Yah, KC, pretty much what Eagle92 said, eh? Though practically speakin', that stuff is more likely to be related to the camp licensing law in whatever state da camp is in. Those camp licensing laws often have a bunch of specifications and regulations on such things.

 

B

 

[vol_scouter]

Well said Beavah. As a physician, I entirely agree with Beavah. HIPAA does not apply to the BSA or its' units. That said, in the present climate I would recommend keeping the information contained in the medical forms as private as is reasonably possible. You cannot go wrong in keeping information private since in some cases disclosure may be seen as harmful. However, if keeping the medical information private could in anyway potentially cause harm, then always release it. We are taught to always do what is in the best interest of the patient because it is the right thing to do morally but it is also easier to defend your actions in trying to protect someone's help rather than following any rules. So don't worry about HIPAA, try to keep medical information private but release any information needed to care for someone.

[Eamonn]

" the IT firms that transmit electronic health records and the like. No readin' of that law could possibly make the BSA or a BSA unit subject to the Act as a business associate."

 

Seem to remember that there was a lot of fuss about how at the 2005 Jambo there was a lot of fuss about the electronic transmissions of participants health records.

Ea.

[T2Eagle]

I'm just back from Camp Chief Little Turtle, Angola IN. A big shout out to Anthony Wayner Area Council, this was our troop's first visit and it is a terrific camp: we had great weather, nice facilities, and just at dusk a beautiful barred owl flew up to a branch about ten feet away from us so we could get a great look at him.

 

Part of my time there was spent reading my Leaders Guide for Summer Camp from our Council's Camp Pioneer. I found this statement written sideways in about 6 point font along the edge of the "Special Food/Talent Release/Release of Scout from Camp" form.

 

"Although ESC and Camp Staff are not health care providers, it is our objective to respect the privacy of our campers following the Standards of the federal Health Insurance Portability and Accountability Act 45 CFR Part 464, even if this is not required."

[NancyB]

This is currently an issue in my son's troop. The ex-committee chair and ex-asst scoutmaster quit the troop under very nasty terms. He was upset that the scoutmaster and other leaders were no longer covering up his affair with the unit commissioner. He has refused to return any property belonging to the troop. He still has the troop's computer program and all of the boys' medical and health ins. forms. He has repeatedly refused to return them. The scoutmaster has gone to our local council - their solution is that they will help get new forms created. The troop still had to purchase a new computer program. The next step up is the Omaha council and they are of no help either. Both the local and omaha council have been covering up for this guy for some time. Parents are very upset. What can the troop and/or parents do? This is very private information that he has with people's social security numbers and everything. Since neither the local council nor the Omaha council will help, where can they go?

[RememberSchiff]

Forget Council. Inform your Charter Organization who can then contact the police regarding their stolen property - sensitive organization records.

 

 

[NancyB]

Thanks Schiff. Should I do this as a parent, get other parents to complain to police??? Our scoutmaster would love to do it, but he is seeing the heck the councils are putting me through b/c I opened my mouth about his affairs and his physical abuse of our son. My son's jamboree account (which the ex had control of) is also missing.

[RememberSchiff]

Too much irrelevant details. If a former or current troop member refuses to return troop records to the troop, the current troop leadership - the SM or CC, should contact their Charter Organization Representative (COR). The COR will call that individual(s) and if they still do not comply, the COR calls the police. Simple and effective.

 

I read some of your other postings. IMHO, I think you and your family need a break from scouting.

 

My $0.02

[NeilLup]

Hello Nancy,

 

I just came to this and read it. There would seem to be some very unpleasant things happening. However, when you mention physical abuse of your son, that takes matters to an entirely different level. There is a way that matters such as that are handled within Scouting. May I suggest that you consider doing the following:

 

1) Get your facts very straight and in writing if possible. When you make an accusation of physical abuse, you will likely be expected to state when, where, who was involved, whether there were any witnesses and possibly what went on. I apologize for possibly doubting your credibility but if the discussion becomes "I heard from a friend who heard it from a friend who heard it from a friend" or the Scout says when asked by someone investigating "I dunno, nothing happened" and then afterwards tells you privately "I was scared. Mr. XXXXX is big and mean.", it is worse than if nothing was done. (Yes, I had that happen as a Scoutmaster. And then I was forced to apologize to the abuser for a "false" accusation.) If the accusation is adultery in the context of Scouting, you need to have more than innuendo and "everybody knows."

 

2) Particularly if you believe that your credibility has been attacked and you are considered a trouble maker, take several deep breaths. Consider what you are going to say. Imagine that you will be before the Supreme Court. To the fullest extent that you can, eliminate emotion, eliminate that you don't like some people, etc. Be prepared to present facts simply and unemotionally.

 

3) Contact your local council Scout Executive -- the top guy. You have written about the local council and the Omaha council. I believe that the local organization you are talking about is called a District in Scouting. You need to ask for an appointment to talk to the Scout Executive of the local council -- probably what you are calling the Omaha Council -- on a matter that may involve child abuse. I assure you that if you say those words, the Scout Executive will meet with you, even if you are the Wicked Witch of the West. He will listen very carefully to what you have to say and make a careful investigation. The abused child may be asked to speak. The individuals involved may be asked to speak. He will decide what action to take.

 

4) This approach is the nuclear weapon of Scouting and is about as subtle as a nuclear weapon. If you do this, do not expect the people you accuse to be pleasant to you.

 

5) If you meet with the Scout Exec in this way, you can bring up the other matters at this time if you wish but be careful as the farther you stray from hard facts, the more credibility comes into issue. The absconding of funds is a serious issue. The hanky panky between adults may be more scandalous than serious. Can you imagine the reaction of a Scout Executive hearing "We've got Trouble right here in River City! In our unit, the former Committee Chairman is having an affair with the Unit Commissioner, oh sin and perdition! And the former Committee Chairman and former ASM absconded with Troop funds, God safe the mark! And, oh by the way, my son was abused." compared with "I'm not at all certain how to proceed with this, but I fear that my son was abused in our Troop."

 

6) Even if you don't want to bring up the matter of abuse, the absconding of funds is appropriate to bring up to the Scout Exec. I know of leaders who were removed from Scouting for not turning over unit funds when they were removed from their job.

 

7) As far as going to the police, if your son's Jamboree funds were being held in this manner and they appear to have been absconded, I certainly imagine you can go to the police by yourself. You don't need to go through the Chartered Organization for YOUR money although they probably need to go for the Troop money and records and the argument might be made that once you turn the money over to the Troop, it is now Troop money and the Troop has a custodial relationship for the money for you. If you have a friendly lawyer who will write a letter for free for you, that might shake loose the money and records without going to the police.

 

8) One last thing and I apologize if it sounds condescending. If you're throwing around nuclear weapons like police reports and child abuse reports to the Scout Executive, make sure that nuclear weapons are warranted. Sometimes this kind of thing is a spat that can be resolved much more simply. Nuclear weapons are sometimes warranted but normally when they are used, nobody really "wins." The best you do is break even.

[Pack212Scouter]

Does anyone have a copy of the BSA insurance contract or policy? We have a unit that a fundraising location is requiring, but I cannot find it anywhere on the internet.

[NeilLup]

Pack 212 scouter

 

An internet forum is not the place to get information like that. Speak to your local Boy Scout council. Providing information and support of that sort is one of the main reasons they exist. If you don't know how to reach them, go to the National BSA site www.scouting.org and I believe there ie a locator where you type in your zip code and it tells you the contact information for your local council.