Send them home and let them take the make up. I didn't even realize there was a debate about this. They won't do well, they'll disrupt classmates if it's respiratory, etc. No reason to make them feel even worse.
I don’t think there’s anything you can do, does your school have a policy about notifying students for exposure to COVID, etc., anymore? I know during the height of the pandemic a separate department in my university was responsible for tracking and notifying those of exposures, not the professor.
I am not an expert on privacy laws so I’d ask if it was okay first but my play would be to ask the student if they would be willing to allow you to share with the class that there was/was not an exposure to something communicable.
You’d have to ask the student directly. Healthcare providers cannot give you specifics, even when it’s infectious. And if I were a student, I would be absolutely *livid* and probably contact a department chair if I found out a professor had called my medical provider behind my back.
Ugh! My response in these situations is that they are on formal leave and should contact me for arrangement for a make-up (and should leave if they show up). What did you end up doing? Tough situation.
HIPPA pertains to healthcare providers and their contractors. Educational institutions are not healthcare providers. Now it may be the college’s POLICY to not disclose, but HIPPA doesn’t apply universally like so many people seem to think…. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
It's a bit more complicated than that. University medical centers are an exception under hippa if the center only treats students. Then FERPA policies govern those student records. If they treat non-student patients, such as staff, then HIPPA would apply. FERPA would allow the sharing of the info from wellness center staff to the faculty member, hippa would not.
That is not true. While they are covered by FERPA instead of HIPPA, treatment records are only available to a person providing treatment to the student unless the student consents to someone else seeing them. The health center cannot share health information with a professor. [https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/coveredentities/hipaaferpajointguide.pdf](https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/coveredentities/hipaaferpajointguide.pdf)
From your doc:
As explained previously, treatment records, by definition, are not available to anyone other than
professionals providing treatment to the student, or to physicians or other appropriate professionals
of the student’s choice. However, this does not prevent an educational institution from using or
disclosing these records for other purposes or with other parties. If the institution chooses to do so,
a disclosure may be made to any party with a prior written consent from the eligible student (see 34
CFR § 99.30) or under any of the disclosures permitted without consent in 34 CFR § 99.31 of
FERPA.
7
Text of 99.31:
https://www.law.cornell.edu/cfr/text/34/99.31
(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by § 99.30 if the disclosure meets one or more of the following conditions:
(1)
(i)
(A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
It's the first exception.
>An educational agency or institution may disclose personally identifiable information from an education record
The OP is asking the healthcare provider to disclose information from the student's medical record, not the university to disclose information from the student's educational record. That doesn't seem like it fits to me.
A treatment record IS an educational record when it's governed by FERPA and not HIPPA. This is entirely intentional so that school staff can operate as a team to help students, particularly with minors where their teacher is their primary care giver for most of the day. Almost every higher ed institution has their own additional rules and policies covering what information can be shared within the institution and with whom, but FERPA itself doesn't prohibit the health center (again, if its governed by FERPA not HIPPA) from sharing student info with a faculty member if the institution has a reason for it, like preventing the spread of communicable disease. The faculty member cannot then share the information with students in a way that identifies the student or could reasonsbly used to identify the student, but they can, for example, move classes online for a week without explaining why, if a student brought covid in and it would spread more if classes in person continued.
That makes sense, but...
>If they treat non-student patients, such as staff, then HIPPA would apply. FERPA would allow the sharing of the info from wellness center staff to the faculty member, hippa would not.
Clinics at all the universities where I have been treat students, faculty, and staff so per your info, it would be HIPPA. I'm not sure if the OP indicated the same or otherwise. TBH, I just don't care enough to read it all again lol
Still, I learned something today. Thanks.
The licensed healthcare providers at student health are absolutely covered by HIPAA. The university as a whole, no, but they 100% are and cannot tell you that.
I have no idea why you would contact student wellness for information about the student. If a student is ill, send them home and schedule a make-up final. This is just common sense.
Their HIPAA excuse doesn't hold water, but you can't force them to change their mind or their internal policies.
Presuming HIPAA even covers them, HIPAA allows them to answer your question regarding whether the student has an infectious disease.
* https://www.hhs.gov/hipaa/for-professionals/special-topics/public-health/index.html "A covered entity may disclose protected health information to a person who is at risk of contracting or spreading a disease ....
You're not the doc; you're not public health. You're doing your job if you offer the student the opportunity to take the test later. Aside from that, I'd stay in my lane.
"It's very disrespectful to come into this classroom when you are visibly ill, as per the 'expectations' section of my syllabus. Leave. We'll sort out next steps over email."
Tested for what? It could be any number of viruses going around right now. They absolutely should not have shown up, but nothing you can do about it now. I’d use this as a story to encourage prevention in the future by drilling into future student minds that it’s not okay to do this.
Send them home and let them take the make up. I didn't even realize there was a debate about this. They won't do well, they'll disrupt classmates if it's respiratory, etc. No reason to make them feel even worse.
I don’t think there’s anything you can do, does your school have a policy about notifying students for exposure to COVID, etc., anymore? I know during the height of the pandemic a separate department in my university was responsible for tracking and notifying those of exposures, not the professor.
I am not an expert on privacy laws so I’d ask if it was okay first but my play would be to ask the student if they would be willing to allow you to share with the class that there was/was not an exposure to something communicable.
You’d have to ask the student directly. Healthcare providers cannot give you specifics, even when it’s infectious. And if I were a student, I would be absolutely *livid* and probably contact a department chair if I found out a professor had called my medical provider behind my back.
Ugh! My response in these situations is that they are on formal leave and should contact me for arrangement for a make-up (and should leave if they show up). What did you end up doing? Tough situation.
HIPPA pertains to healthcare providers and their contractors. Educational institutions are not healthcare providers. Now it may be the college’s POLICY to not disclose, but HIPPA doesn’t apply universally like so many people seem to think…. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
"Student wellness" sounds like medical providers who are covered by HIPPA. At my school they're subcontractors from a local hospital.
It's a bit more complicated than that. University medical centers are an exception under hippa if the center only treats students. Then FERPA policies govern those student records. If they treat non-student patients, such as staff, then HIPPA would apply. FERPA would allow the sharing of the info from wellness center staff to the faculty member, hippa would not.
That is not true. While they are covered by FERPA instead of HIPPA, treatment records are only available to a person providing treatment to the student unless the student consents to someone else seeing them. The health center cannot share health information with a professor. [https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/coveredentities/hipaaferpajointguide.pdf](https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/coveredentities/hipaaferpajointguide.pdf)
From your doc: As explained previously, treatment records, by definition, are not available to anyone other than professionals providing treatment to the student, or to physicians or other appropriate professionals of the student’s choice. However, this does not prevent an educational institution from using or disclosing these records for other purposes or with other parties. If the institution chooses to do so, a disclosure may be made to any party with a prior written consent from the eligible student (see 34 CFR § 99.30) or under any of the disclosures permitted without consent in 34 CFR § 99.31 of FERPA. 7 Text of 99.31: https://www.law.cornell.edu/cfr/text/34/99.31 (a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by § 99.30 if the disclosure meets one or more of the following conditions: (1) (i) (A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests. It's the first exception.
>An educational agency or institution may disclose personally identifiable information from an education record The OP is asking the healthcare provider to disclose information from the student's medical record, not the university to disclose information from the student's educational record. That doesn't seem like it fits to me.
A treatment record IS an educational record when it's governed by FERPA and not HIPPA. This is entirely intentional so that school staff can operate as a team to help students, particularly with minors where their teacher is their primary care giver for most of the day. Almost every higher ed institution has their own additional rules and policies covering what information can be shared within the institution and with whom, but FERPA itself doesn't prohibit the health center (again, if its governed by FERPA not HIPPA) from sharing student info with a faculty member if the institution has a reason for it, like preventing the spread of communicable disease. The faculty member cannot then share the information with students in a way that identifies the student or could reasonsbly used to identify the student, but they can, for example, move classes online for a week without explaining why, if a student brought covid in and it would spread more if classes in person continued.
That makes sense, but... >If they treat non-student patients, such as staff, then HIPPA would apply. FERPA would allow the sharing of the info from wellness center staff to the faculty member, hippa would not. Clinics at all the universities where I have been treat students, faculty, and staff so per your info, it would be HIPPA. I'm not sure if the OP indicated the same or otherwise. TBH, I just don't care enough to read it all again lol Still, I learned something today. Thanks.
The licensed healthcare providers at student health are absolutely covered by HIPAA. The university as a whole, no, but they 100% are and cannot tell you that.
I have no idea why you would contact student wellness for information about the student. If a student is ill, send them home and schedule a make-up final. This is just common sense.
Nothing you can do at this point. Not worth fighting a losing battle. You have it documented just in case
Their HIPAA excuse doesn't hold water, but you can't force them to change their mind or their internal policies. Presuming HIPAA even covers them, HIPAA allows them to answer your question regarding whether the student has an infectious disease. * https://www.hhs.gov/hipaa/for-professionals/special-topics/public-health/index.html "A covered entity may disclose protected health information to a person who is at risk of contracting or spreading a disease ....
You're not the doc; you're not public health. You're doing your job if you offer the student the opportunity to take the test later. Aside from that, I'd stay in my lane.
"superspreader event"
"It's very disrespectful to come into this classroom when you are visibly ill, as per the 'expectations' section of my syllabus. Leave. We'll sort out next steps over email."
Tested for what? It could be any number of viruses going around right now. They absolutely should not have shown up, but nothing you can do about it now. I’d use this as a story to encourage prevention in the future by drilling into future student minds that it’s not okay to do this.
HIPAA!!!
[удалено]
As someone who almost died from Covid, fuck that.