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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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I was showing my child care center to a prospective parent.

Customer Question

I was showing my child care center to a prospective parent. One of our children was screaming and my prospective parent thought we were hurting this child. I explained that the child was with therapist and that she was autistic. The parent did not see the child, just heard her. The therapist told the autistic child's parents that we violated HIPPA regulations. The child's privacy rights were not violated. The parent could not see the child. Was this a mistake?
Submitted: 2 months ago.
Category: Family Law
Expert:  Asad Rahman replied 2 months ago.

Unfortunately yes, I do think it was a violation of the child's privacy rights. At this point I do not know if they will file a complaint but you should probably discuss it with the child's parents.

Expert:  Asad Rahman replied 2 months ago.

I did some additional research for you. While your child care center is probably not a covered entity under federal law, the therapist you have for the child likely brings you under the definition. Also, there is a Texas Medical Privacy Act that applies to any institution that maintains health information.

Expert:  Asad Rahman replied 2 months ago.

Let me know if you have any additional questions otherwise a positive rating would be greatly appreciated.

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