The Optometrists vision analysis report finally was found at school.
It was sent without my concent and a violation of my childs HIIPA rights.
What really ****es me off is that the school new this. They did agree to shred it or give it back. I went to pick it up, but they had opened it. It was very clear on the letter head who it was from, and if they had any questions they could've called to ask me prior to returning it to me.
So, they read what was addressed to them, but knowing it violated my sons rights, and because they opened it, I will really have no way of knowing if they copied it.
Why can't people leave well enough alone. Why must they get in other peoples business. First the Optometrist, and now the school.
I sent an email to the principal explaining some of the distrorted facts that were found in the letter, assuming he read it. But, I never would have made him privy to those details, it's none of his damb business-
I am becoming so bitter with people-
2roads
Posted by Nicole_Denise (Member # 20620) on :
I'm so sorry you're having so much trouble! I can't believe it took that long for the letter to be found! Hopefully it was read and promptly forgotten.
Posted by 2roads (Member # 4409) on :
Yea, I am assuming it was just found.
I will buy the theory because it was mailed shortly after school let out, and I think it was put in a pile somewhere until the new school year preparations. Talk about ruining a summer.
I do hope it is forgotten, but I know my son will be under a microscope now. One little questionable thing, and I'm sure it will be remembered. Posted by Geneal (Member # 10375) on :
I would write a letter and cc it to the State school board.
I would include your requests as well as the schools'
Inappropriate response to your request regarding your child's privacy.
Hugs,
Geneal
Posted by 2roads (Member # 4409) on :
Geneal,
What should my request be?
I mean...what would your letter look like?
I just want everything forgotten, but I doubt it will be.
How do you suggest I word it.
Thanks a Heap-
2roads
Posted by bettyg (Member # 6147) on :
2 roads,
glad you have our wonderful member, geneal, helping you on this.
my baby sister i adopted is the greatest in the USA!! *************************************************************
Posted by hshbmom (Member # 9478) on :
I'm thrilled they found the letter, but must caution you:
The school may have put a copy of the letter in your child's medical or social file. The school keeps several files on each student. There's usually one in the main office, one with the nurse, and some you don't ever see or know about, such as the social file.
That may be where you'll find a copy of this letter because that doctor misdiagnosed your child's problems. This could come back to bite you.
You may want to drop by the school unannounced and request to see your child's medical and social files.
Or, you could go the legal route and request "a complete and accurate copy of your child's entire file."
...or something like that.
You'd have to ask someone about the correct wording. Such a letter will make them mess their pants because it usually means they are about to be sued. The letter is taken more seriously when the request is made by an attorney...an education attorney.
Do you have an education attorney? You can probably get a free consultation first and get some good advice.
I spent almost two hours with an education attorney in a free consultation. The advice given at that time kept me from needing an education attorney and made me confident I was taking the correct steps to protect my child's private medical records. The school doesn't like it when you know the law. They're counting on your ignorance to benefit them.
The education attorney said a school NEVER needs your child's private medical records and you should NEVER give them permission to obtain the records. You may think you're being cooperative or helping the school, but the attorney said they can take that information, skew it, and use it to deny your child needed services and accommodations.
Your child's medical records are private and fully protected by HIPPA law.
NEVER sign permission for the school to be given your child's medical records.
Also, you never have to let the BOE's doctor examine your child or his medical record. You can be assured they know nothing about Lyme disease or it's complications.
It's best to concentrate on your child's limitations, weaknesses and strengths, rather than on Lyme disease.
eg. insomnia difficulty with vision difficulty with memory and attention fatigue unrelieved by rest pain symptoms wax and wane in frequency, severity and location (headaches today, joint pain this afternoon, constant digestive disturbances, etc..) food intolerances need for constant hydration need for frequent bathroom visits
It may be helpful to get a letter from your child's doctor documenting chronic illness. Arizona and California require physicians to file a form documenting a student's chronic illness.
Posted by 2roads (Member # 4409) on :
Thanks Betty for your kind words, and hshbmom for your advice.
Yes, the more I think about my situation, the more suspicious and angry I get.
The Principal definitely opened up a can of worms while opening that letter. Now I have no way of prooving he did not copy it.
He's not very smart. But, I cannot believe they would lie to me...that is not legal, is it.
I did email him and thanked him for not putting it in the school file. He never emailed me back, almost to say: sorry, I did.
I don't know if I should email him again and ask directly. He knows making a copy would have gone around my wishes.
Perhaps I should file the complaint with the Dept of Health and Human Services so they can investigate what the school has. I have had no luck with lawyers, especially trying to find an educational lawyer. This isn't big money for anyone.
I guess I could just go into the school and ask to see all his records, but they could be selective like a verbal lie.
I also don't want to ruffle too many feathers, because we all know that creates more trouble.
What to do......
Posted by 2roads (Member # 4409) on :
PS- If the letter was addressed to them, I am assuming it is their right to keep it.
No one has said otherwise. That's my problem. I need to legally know that. If it is the law that they should not be able to keep it, then I have some recourse. If they can keep it, then I get it back if they like me...so I can't peeve them off.
Posted by LymeLearned (Member # 20565) on :
2roads, there's some great advice from hshbmom regarding "Legal Language".
My husband is a judge (administrative law), and when Cigna tried to deny part of my hosp. stay after a complete hysterectomy, he called and told them that he had no problem filing a "bad faith" law suit.
I heard someone advise my sister that if an employee is bad-mouthing a company to clients, let them know they can be sued for "tortious interference with a contractual relationship". Just the fact that these words were used caused the problem to end immediately.
There are certain terms that reflect knowledge of the law, and they give you power without having to hire a big gun attorney.
I'm sorry you are having this struggle on top of the illness.
Posted by 2roads (Member # 4409) on :
Lymelearned,
I don't know what legal wording to use because I don't know what my rights are with the school and this paperwork.
I emailed the pricipal stating that the DR violated my sons HIPAA rights by sending that, and had the documentation not been released to me, I would have had to pursue him with the Dept of Health and Human Services.
I don't know if the school is in violation of anything since I cannot affirm the law here in Indiana. I have contacted a few lawyers locally to inquire, but they don't call back.
It's times like this when I wish my husband was a judge.
ugh......
Posted by Jane2904 (Member # 15917) on :
Hi 2roads,
You PM box is full. Please clear so I can send you a reply.
Posted by hshbmom (Member # 9478) on :
2roads, you should be able to find an education attorney in one of your big cities.
Call and ask to set up a free consultation.
I didn't have to hire this education attorney. The attorney answered my questions, gave me great advice, such as how to word letters, and informed me of my parental rights.
You may be able to find an education attorney online..."ask the attorney."
Posted by 2roads (Member # 4409) on :
I will delve deeper then.
...Keep placing calls and to the city.
Maybe I will find somebody with this knowledge that would give me a free 15 minute session to atleast gather info.
I know wording is important, but I can't fight a case if I don't really know what the rules are.
I know them with respect to the doctor and HIPAA now, but not the school.
Thanks for all the help hshbmom and everyone.
Jane, I deleted the pms...thanks. I lose track of them.
Posted by hshbmom (Member # 9478) on :
2roads, my sister was the special ed director over 3 schools. With your permission I'll ask her about your situation. She may not know.
Posted by 2roads (Member # 4409) on :
Hshbmom,
Of course I don't mind...and thank you.
Anything helps. It may be different state to state though.
If you would just ask if she knows that if a medical document is sent to a school that was unapproved and violated HIPAA rights, what are the parents rights to remove that document from the school, ie the actual document and copies....
Does the school have the right to keep them and make copies?
That's really all I need to know.
Boy, it's been like delivering a baby.....thanks for coming with me..... Posted by hshbmom (Member # 9478) on :
OK, I just saw your message. I'll call her today.
..nothin's better than birthin' babies!
Posted by LymeLearned (Member # 20565) on :
It is my understanding that even if YOU have your own copies of medical reports, the doctor has no right to share them with the school or anyone unless you've signed a release.
Did they slip you one at any time during your sign-in process? I'd hate to see you go to all the trouble and learn you'd signed a release and didn't remember.
Of course if you've never signed one...don't, but you know that.
See if anyone can verify how many copies were made (there's memory in the copy machine)-but I'm not sure how it works.
My son's school was fined and sanctioned by the state dept. of Ed. when they tested him at my request (he was smart, but failing) & gave him a dx, but refused a 504 or an IEP...special accomodations as he failed for another 18 months.
There was a parent who was an advocate at the school, and she knew the law. I don't remember how I found her, but a special ed parent might know of a parent who volunteers to help others.
That's how I found mine. I hope it all works out well & EVERY last copy is removed AND that there's a consequence for violating HIPPA.
Posted by 2roads (Member # 4409) on :
Thanks.
I did not sign any form...the doctor definitely screwed up.
That's why when I threatened litigation he scrambled to call the school and have them shred it. He made some bogus excuse about me not wanting a stigma on my child, not the truth.
But, since the school now has it what are my rights wrto them.
I contacted the Dept of Health and Human Services, and they said their action is not against the doctor per say but to clear up the effects of what the doctor did. This is accomplished by having him write an apology/correction addendum to the report. However, I don't think the school has to relinquish the report, just add the addendum.
That's all that Dept can do. Now, there is the other division FERPA, I think that I could call to determine my rights regarding the school.
I may do that next.
I don't need the school to work with my son, at this point anyway. Any need, I would try to do outside school, if possible.
But, it is a mute point right now because the school has not approached me with a problem...this VT just decided to make one for me.
Sounds like you have had your share of different issues regarding the school.
Always something.....
I would not share our Lyme history at this point as it is not effecting school work at this time.
Posted by Geneal (Member # 10375) on :
I just got internet back.
Google Hipaa. You can file a complaint first with OCR
Against the eye doctor who released the info without your signature.
Then I would file a complaint with the school board.
Stating that a complaint had already been filed against the doctor
Who neglected your child's rights and violated his privacy by
Sending information to the school.
Request a copy of your child's complete educational folder.
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