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Daycare Center and Family Home Forum>Update of potential ringworm.
coolconfidentme 01:55 AM 07-29-2014
I heard back from my licensing agent about the return to daycare note of suspected ringworm. She turned it over to the Chief Nurse Consultant.
The reply read:
"Physician only needs to release and note not contagious. This is what was done. The note shows that the guardian received treatment/prevention instruction. Giving a diagnosis to persons unknown to the physician could be considered by some a HIPAA violation.
The photo shows an area that fits the description of Ringworm. However, lesions may continue to look this way even after treatment has begun for a while. The lesion is not on hands, arms or an area that could be easily touched by someone else; and according to the note is under treatment. The childcare should not exclude."
The reply read:
"Physician only needs to release and note not contagious. This is what was done. The note shows that the guardian received treatment/prevention instruction. Giving a diagnosis to persons unknown to the physician could be considered by some a HIPAA violation.
The photo shows an area that fits the description of Ringworm. However, lesions may continue to look this way even after treatment has begun for a while. The lesion is not on hands, arms or an area that could be easily touched by someone else; and according to the note is under treatment. The childcare should not exclude."
hope 04:08 AM 07-29-2014
So we are not allowed to request a diagnosis? Then how can we inform other parents of anything contagious?
NightOwl 04:27 AM 07-29-2014
THAT ^^^^ is an excellent question. I would ask this of the nurse, since notification is a requirement of anything potentially contagious. What do they want you to say?
Dcms,
This is to notify you that your child has been exposed to unknown cooties. If your child gets said cooties.....Good luck! Because no one knows what it is.
Dcms,
This is to notify you that your child has been exposed to unknown cooties. If your child gets said cooties.....Good luck! Because no one knows what it is.
coolconfidentme 04:42 AM 07-29-2014
IDK..., I have a state inspection today & I will ask the inspector. Crazy btw.
CraftyMom 04:46 AM 07-29-2014
Originally Posted by coolconfidentme:
IDK..., I have a state inspection today & I will ask the inspector. Crazy btw.
Yes crazy. Keep us informed! I am very curious what the answer is!IDK..., I have a state inspection today & I will ask the inspector. Crazy btw.
Good luck with the inspection!
Unregistered 05:18 AM 07-29-2014
It sounds like one more instance where daycare provider's hands will be tied. Catch 22.
Unregistered 05:21 AM 07-29-2014
Also they would not be releasing info to a stranger. They would be releasing it to the parent to give to someone else.
http://www.urbandictionary.com/define.php?term=Catch+22
http://www.urbandictionary.com/define.php?term=Catch+22
Solandia 05:43 AM 07-29-2014
LOL @ "could be a HIPAA vio by some". The parent voluntarily handing over a diagnosis/treatment plan (note) has nothing to do with HIPAA. A daycare provider informing parents of something contagious to look out for has nothing to do with HIPAA.
Once a note is given to the patient, it is not the dr's responsibility to maintain confidentiality of that piece of paper or worry about who might read it, that is on the patient/parent. Can you imagine, a lost rx or a lost physical form would be a HIPAA vio. If the dr had to be responsible that no one unauthorized would read a piece of paper given to the patient.
I think the Chief Nurse Consultant feels that the daycare child's right to privacy trumps your policy of having a dr note with a dx. And that is fine to feel that way, but it doesn't change the fact that you can require it for your daycare, the parents can chose another daycare that doesn't require that sort of transparency.
Ringworm is not a protected condition. HIV status is, FYI. A parent never needs to tell you about that, even if requested. That gets tricksy. But my experience in that has more to do in foster care & not daycare.
Once a note is given to the patient, it is not the dr's responsibility to maintain confidentiality of that piece of paper or worry about who might read it, that is on the patient/parent. Can you imagine, a lost rx or a lost physical form would be a HIPAA vio. If the dr had to be responsible that no one unauthorized would read a piece of paper given to the patient.
I think the Chief Nurse Consultant feels that the daycare child's right to privacy trumps your policy of having a dr note with a dx. And that is fine to feel that way, but it doesn't change the fact that you can require it for your daycare, the parents can chose another daycare that doesn't require that sort of transparency.
Ringworm is not a protected condition. HIV status is, FYI. A parent never needs to tell you about that, even if requested. That gets tricksy. But my experience in that has more to do in foster care & not daycare.
SignMeUp 06:07 AM 07-29-2014
Only a child care provider would be responsible for things that happened AFTER their watch 
Blackcat31 06:23 AM 07-29-2014
Originally Posted by Solandia:
LOL @ "could be a HIPAA vio by some". The parent voluntarily handing over a diagnosis/treatment plan (note) has nothing to do with HIPAA. A daycare provider informing parents of something contagious to look out for has nothing to do with HIPAA.
Once a note is given to the patient, it is not the dr's responsibility to maintain confidentiality of that piece of paper or worry about who might read it, that is on the patient/parent. Can you imagine, a lost rx or a lost physical form would be a HIPAA vio. If the dr had to be responsible that no one unauthorized would read a piece of paper given to the patient.
I think the Chief Nurse Consultant feels that the daycare child's right to privacy trumps your policy of having a dr note with a dx. And that is fine to feel that way, but it doesn't change the fact that you can require it for your daycare, the parents can chose another daycare that doesn't require that sort of transparency.
Ringworm is not a protected condition. HIV status is, FYI. A parent never needs to tell you about that, even if requested. That gets tricksy. But my experience in that has more to do in foster care & not daycare.
Yes! This^^LOL @ "could be a HIPAA vio by some". The parent voluntarily handing over a diagnosis/treatment plan (note) has nothing to do with HIPAA. A daycare provider informing parents of something contagious to look out for has nothing to do with HIPAA.
Once a note is given to the patient, it is not the dr's responsibility to maintain confidentiality of that piece of paper or worry about who might read it, that is on the patient/parent. Can you imagine, a lost rx or a lost physical form would be a HIPAA vio. If the dr had to be responsible that no one unauthorized would read a piece of paper given to the patient.
I think the Chief Nurse Consultant feels that the daycare child's right to privacy trumps your policy of having a dr note with a dx. And that is fine to feel that way, but it doesn't change the fact that you can require it for your daycare, the parents can chose another daycare that doesn't require that sort of transparency.
Ringworm is not a protected condition. HIV status is, FYI. A parent never needs to tell you about that, even if requested. That gets tricksy. But my experience in that has more to do in foster care & not daycare.
Licensing may not require you to have a diagnosis but you can still require one FROM parent.
That isnt protected under HIPAA.
Heidi 07:09 AM 07-29-2014
Originally Posted by Blackcat31:
Yes! This^^
Licensing may not require you to have a diagnosis but you can still require one FROM parent.
That isnt protected under HIPAA.
Yes! This^^
Licensing may not require you to have a diagnosis but you can still require one FROM parent.
That isnt protected under HIPAA.
hope 07:20 AM 07-29-2014
OP, what are you going to say to dcm? Will you show her the response from licensing or has she dropped it by now?
Maybe you can have a talk with her and let her know that licensing says only a note of contagious is needed but explain why you would need a diagnosis. I think a lot of us now communicate through text or email and its hard to explain certain things. Have her look at it from a different point of view like if another child had something that was no longer contagious but you still wanted to inform her so that she can look out for any symptoms. Explain that you were only looking out for the group.
Maybe you can have a talk with her and let her know that licensing says only a note of contagious is needed but explain why you would need a diagnosis. I think a lot of us now communicate through text or email and its hard to explain certain things. Have her look at it from a different point of view like if another child had something that was no longer contagious but you still wanted to inform her so that she can look out for any symptoms. Explain that you were only looking out for the group.
nannyde 07:25 AM 07-29-2014
I would contact the nurse and have her send you information on the Hippa violation she is referring to. What part of Hippa does this relate to and where would the violation be that some would consider.
coolconfidentme 10:44 AM 07-29-2014
Originally Posted by nannyde:
I would contact the nurse and have her send you information on the Hippa violation she is referring to. What part of Hippa does this relate to and where would the violation be that some would consider.
Funny you said that...., I asked licensing that same thing. (I just had my annual inspection today.) I also ask, "How can I tell the other parents their child may have been exposed something contagious without a diagnosis of what they were exposed to?" She said that was a very good question I need to ask the Chief Nurse. She thought it was odd as well. What the what???I would contact the nurse and have her send you information on the Hippa violation she is referring to. What part of Hippa does this relate to and where would the violation be that some would consider.
I will first take a moment for myself, the inspections was nerve wracking. Thumbing though every paper & doing a chaotic fire drill with a bunch of shoeless 2 yr old, lol.
Scribbles 07:36 AM 08-01-2014
Did this ever get resolved? Did the nurse consultant get back to you about the wording of HIPAA? How about the parent? Did she have any further comment on this?