middle schools giving kids hippa act against there parents

First, let me provide some clarification for issues raised in the last round. The legislation is effects the entity, therefore by remaining in the public school system consent is bestowed upon those specified in the statute. Consent on the student’s part is irrelevant, whatever documents the school provides don’t actually matter because whether the student signed it or did not sign it the law itself would apply. Schools handout forms all the time in the event of being held liable but the signature the student gives is for bookkeeping, it is not a binding legal contract between the state and the student, rather a record. Second, I’m not sure what the issue is as far as education is concerned, since the law is a health statute and the reason for passing the law was undoubtedly to prevent tort claims against the school system, because not only are schools good targets for lawsuits and if a lawsuit is won there is a hefty payout by state. School districts often go bankrupt because of lawsuits, and taxpayers ultimately foot the bill, so not only is in the interest of school but of taxpayers who don’t want to be left on the hook for paying out a settlement. Finally, I will pose a question to my opponent: can you provide a specific example of that has occurred, meaning a court case, pending legislation, or legal scholars that valid your position? The reason I ask is because it is unclear exactly what specific part in the actual bill is troubling or how hinders in any significant way the parent. __________________________________________________________________________________ Below is further reading about the issue; it is similar but from other outside sources. Minors Acting as Individuals A minor is considered "the individual" who can exercise rights under the rule in one of three circumstances. The first situation—and the one that is likely to occur most often—is when the minor has the right to consent to health care and has consented, such as when a minor has consented to treatment of an STD under a state minor consent law. The second situation is when the minor may legally receive the care without parental consent, and the minor or another individual or a court has consented to the care, such as when a minor has requested and received court approval to have an abortion without parental consent or notification. The third situation is when a parent has assented to an agreement of confidentiality between the health care provider and the minor, which occurs most often when an adolescent is seen by a physician who knows the family. In each of these circumstances, the parent is not the personal representative of the minor and does not automatically have the right of access to health information specific to the situation, unless the minor requests that the parent act as the personal representative and have access. Parents' Access to Information A minor who is considered "the individual" may exercise most of the same rights as an adult under the regulation, with one important exception. Provisions that are specific to unemancipated minors determine whether a parent who is not the minor's personal representative under the rule may have access to the minor's protected health information. On this issue, the HIPAA privacy rule defers to "state or other applicable law." If a state or other law explicitly requires information to be disclosed to a parent, the rule allows a health care provider to comply with that law and to disclose the information. If a state or other law explicitly permits, but does not require, information to be disclosed to a parent, the rule allows a provider to exercise discretion to disclose or not. If a state or other law prohibits disclosure of information or records to a parent without the minor's consent, the rule does not allow a provider to disclose without the minor's permission. If state or other law is silent on the question of parents' access, a provider or health plan has discretion to determine whether to grant access to a parent who requests it. Although some comments on the proposed rule suggested that this decision should be made by the treating provider, the rule does not require this. In most situations of direct clinical care, it would be desirable for the treating provider to make determinations about access to a minor's protected health information. Where this is not feasible or appropriate, such as when health plans receive requests for records, the rule stipulates that at a minimum the determination must be made by a licensed health care professional exercising professional judgment. Special Privacy Protections Two important provisions of the HIPAA privacy rule allow minors who are treated as "individuals" to request special privacy protections. First, these minors may request that health care providers and health plans communicate with them in a confidential manner: by e-mail rather than by phone, or at a place other than their home, for example.16 Also, they may request limitations on disclosure of information for treatment, payment or health care operations that could ordinarily occur without their authorization,17 although the extent to which providers and plans are required to honor such requests varies by the type of request and to whom it is made. These requests may be particularly important when a minor believes that disclosure of information would result in specific danger.18 The privacy rule allows a health care provider or health plan not to treat a parent as a minor's personal representative, given a reasonable belief that the parent has subjected or may subject the minor to domestic violence, abuse or neglect, or that treating the parent as the personal representative could endanger the minor. The provider or plan must also decide that it is not in the minor's best interest to treat the parent as the personal representative.19 In addition, the rule allows a licensed health care professional to deny a parent who is a personal representative access to a minor's protected health information if, in the professional's judgment, access would likely cause substantial harm to the minor or someone else.20 Finally, it allows a provider or health plan to disclose a minor's protected health information in order to prevent or diminish an imminent threat to the health and safety of a person or the public.21 These provisions apply to adults as well as minors but have different implications for minors, specifically with respect to disclosure of information to parents.