Originally Posted by WBee:
Are there any Rhode Island daycare providers out there that have had an issue with doctors writing sick notes and the HIPAA law? I've been in this business for 6 years on my own now and today was the first time I had an issue with getting a child's diagnosis written on their sick note. Per my illness policy which has never changed when I send a child home sick they need a doctor's note prior to their return stating the illness diagnosis, length of exclusion from care, any medications the child needs to be on and time and date of doctor appointment. I received a note today stating the child needed to be out all of last week with no diagnosis. When I asked that the doctor add a diagnosis I was told under the HIPAA law I have no right to ask but the doctor was "kind enough" to provide the fact that the child had a cold. I explained to the parent that this was to protect myself as well as other individuals in my care. It is also stated and signed in my illness policy by each parent. I also mentioned that any communicable disease needs to be reported to each family as well as the state so where am I wrong or what am I missing here? It just seems very odd and extreme to me that the doctor would hide the fact that the child had a cold under HIPAA law.
I have very similar policies.
I require a doctor's note WITH diagnosis prior to returning to care.
This is NOT a HIPAA violation as the parent is asking the doctor to fill out the form themselves. The parent can give permission for anything they want regarding their medical information.
The only issue I see is you as the provider talking directly to the doctor. Unless the doctor has some sort of written permission from the parent, he/she IS violating HIPAA rules by disclosing that information.
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