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KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1368
Experience:  Attorney at law Office of KJLLAW
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I volunteer for a non profit company is hat keeps medical

Customer Question

I volunteer for a non profit company is hat keeps medical records / health forms for over 200 minor children. R we suppose to send out HIPPA forms or privacy forms to parents? R the parent. Loungers that do chaperoning and have access to student medical records suppose to fill out any type of privacy, non disclosure forms?
Submitted: 10 months ago.
Category: Legal
Expert:  KJL LAW replied 10 months ago.
Good morning. I will answer your question.
Expert:  KJL LAW replied 10 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

If you are concerned about potential HIPAA violations, the first step is to confirm whether the non profit is a covered entity under the law. The agency in the federal government that enforces HIPAA, the Office for Civil Rights (“OCR”), covers three major types of covered entities: health care clearinghouses, health plans (including health insurance companies and employer-sponsored health plans), and health care providers that electronically transmit health information in connection with certain transactions, including billing.

Medical records maintained by schools or after school programs or other educational programs, are subject to another federal law, the Family Education Rights and Privacy Act (FERPA).

If covered by HIPAA, the entity must comply with all aspects of the HIPAA rules. It is good practice to have all employee sign a non-disclosure agreement, but it is not required, it is only required that all records be safeguarded. Keep in mind that HIPAA primary goals is a patient’s and parent's right to receive and access his or her medical records.

I hope this helps.

Customer: replied 10 months ago.
Would FERPA apply to our non profit organization. We are a separate corporation from the school system. We maintained our own kids health forms. We use school property for practices and health records are stored on school property that the non profit uses. We do. To have any of the students records on a computer system. They r just on paper . the school carries its own medical records on the school. If FERPA applies to the nonprofit corporation would it be a FERPA violation for a parent that is working the health tent to look through students health forms ? Would it be a FERPA violation for a parent to relay student health info to the school where the non profit practices at. The nonprofit is not considered a club or extra school activity but an organization as it is incorporated and has nonprofit status, if FERPA is violated what can happen if the non profit doesn't report the violation?
Expert:  KJL LAW replied 10 months ago.

I'll have a HIPAA expert take over the question.

Customer: replied 10 months ago.
Thank you

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