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Daycare Center and Family Home Forum>Ok, Question For You. Is Asking For A Note From The Doc
sahm2three 08:08 AM 03-24-2011
with an explanation of the diagnosis a violation of hipaa? My husband thinks it is. But how can I safeguard my daycare if I don't now ask for this? I obviously cannot trust the parents to tell me what is going on. I would have had that child with RSV back yesterday NOT KNOWING he had RSV!!! I sent a letter to my licensor to see what she says. But thought I would ask here in the meantime.
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missnikki 08:14 AM 03-24-2011
I don't know that it is entirely legal at all to ask the nature of an ilness or disability. You are definitely entitled to know the restrictions and duration of contagion, and any medication needed, but the specific nature of the problem is probably not necessary to do your job. (Though I understand your frustration over the whole RSV thing!)
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Unregistered 09:23 AM 03-24-2011
RSV can be an on going illness where children display symptoms for weeks after they ar enot contagous anymore. I would think a note from the dr. saying when the child can return to dc would be good enough.
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Blackcat31 09:28 AM 03-24-2011
I think the parent is giving permission for the information to be shared so there is no violation of information if there is permission. If the parent did not want this information shared and the Doctor shared it then it would be a HIPAA violation but in order to return to childcare a Dr's note WITH diagnosis is required. Parent can choose to share the info or keep it private and not get services from daycare.

http://www.hhs.gov/ocr/privacy/hipaa...ing/index.html
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laundrymom 09:35 AM 03-24-2011
this is what I always thought,.. personally... if a parent wasnt trusting or honest about me knowing their childs health issue,... I wouldnt be their provider. If I am responsible enough to keep them alive, I need to be trusted enough to know if something is wrong. If a parent lied about a DX to me, and I found out.... I would term on the spot. Money or not,... lying is grounds for termination.

Originally Posted by Blackcat31:
I think the parent is giving permission for the information to be shared so there is no violation of information if there is permission. If the parent did not want this information shared and the Doctor shared it then it would be a HIPAA violation but in order to return to childcare a Dr's note WITH diagnosis is required. Parent can choose to share the info or keep it private and not get services from daycare.

http://www.hhs.gov/ocr/privacy/hipaa...ing/index.html

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daycare 12:18 PM 03-24-2011
I would check with licensing... I know in my state of CA that parents are not required to tell us if there child has a disease or a virus, such as AIDS.

However, I think that if it is something that is communicable, then the parent is required to inform the provider.
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nannyde 12:57 PM 03-24-2011
I know I can't operate without a diagnosis. I can't accept blanket notes that say the child can return to care. The only time I think that would work is if the child had nothing medically wrong with him at all. Then the child could return.

If they have any medical condition at all, I have to know. If the parent or health care provider believes I shouldn't know a diagnosis then I can't safely provide care.
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daycare 02:31 PM 03-24-2011
I wanted to share this with you and hope it helps. Your post got me thinking, so I called my county, I am still in the process of rewriting my PHB, which is way over due and just wanted to make sure I had it right as well.....lol
I am in CA so it could be different, but she said whatever you state in your policy. So if you state in your policy that the parents must inform the provider of any illness and etc. or that the parent will have to supply a doc note, then they must do this. If it is not in your policy then NO they don't have to.
She also said something similar to what Nannyde said, which was you can't provide proper care if you don't know how to care for the child when there is something wrong.
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sahm2three 07:28 PM 03-24-2011
Originally Posted by daycare:
I wanted to share this with you and hope it helps. Your post got me thinking, so I called my county, I am still in the process of rewriting my PHB, which is way over due and just wanted to make sure I had it right as well.....lol
I am in CA so it could be different, but she said whatever you state in your policy. So if you state in your policy that the parents must inform the provider of any illness and etc. or that the parent will have to supply a doc note, then they must do this. If it is not in your policy then NO they don't have to.
She also said something similar to what Nannyde said, which was you can't provide proper care if you don't know how to care for the child when there is something wrong.
I called my licensor and she told me that me asking the parent for a note from the doc stating the diagnosis and recommendations was not a HIPAA violation. The parent can refuse to bring the note, but I can then refuse to admit their child back, because it is MY policy.
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Tags:doctor's note, hipaa
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