How mad should I be?

[jkaetz]

Agree, but what if this weren’t a simple hearing test? What if this were vaccinations like we saw earlier this year? Declined permission is declined permission, no matter how small the issue is perceived to be by some.

Apparently for the hearing test legally speaking it doesn't matter. One of our state law makers created a law requiring these tests to be done and did not include language that requires an opt-out for parents that wish to keep their child's medical records out of the hands of the state. As Hough pointed out, schools can adopt a policy of their own, but the law does not require it. If I understand correctly the only way to change this from a legal perspective is to petition the legislature to change the IC or file suit challenging the IC on some basis.

 

[HoughMade]

Is something like this covered by HIPPA?
If it does, does that mean that the Indiana Code is contrary to HIPPA?

No. HIPAA does not speak to consent, or presumed consent, primarily, record keeping confidentiality in this context and yes, this can go second level about who now has the audiometry records, but going to second, third, etc. levels, I see nothing here that is a HIPAA violation given that there are all sorts of exceptions to the "Privacy Rule" which could apply to this.

Again, it would seem to be a violation of their own policy and as such, should be dealt with at that level.

Oh, and Indiana Code is not required to comply with HIPAA, as a general matter, though those covered by HIPAA may be subject to both the Indiana Code and HIPAA.

 

[Hatin Since 87]

Apparently for the hearing test legally speaking it doesn't matter. One of our state law makers created a law requiring these tests to be done and did not include language that requires an opt-out for parents that wish to keep their child's medical records out of the hands of the state. As Hough pointed out, schools can adopt a policy of their own, but the law does not require it. If I understand correctly the only way to change this from a legal perspective is to petition the legislature to change the IC or file suit challenging the IC on some basis.

The issue, for me at least, is the school has a policy that hands out permission slips allowing for parents to have their children opt out of the test, then didn’t follow their own policy and went through with it anyway. My issue isn’t the test itself, it’s that they asked the parent permission, parent said no, then did so anyway.

 

[actaeon277]

redacted..

Hough answered my question and made the reply I was making irrelevant.

 

[Alpo]

Me and everybody here, you must be the only one that didn’t. I’m still waiting on an answer in another thread from last week. We can stop de railing this one now

You got the answer you deserve. Bye.

 

[Hatin Since 87]

You got the answer you deserve. Bye.

Thats usually the answer you get when the person doesn’t have one. Expected as much

 

[actaeon277]

Okay. HIPPA is off the table. Though HIPPA is about patient privacy, so it seems silly. I will concede that.

What about the 4th Amendment?
Seems like an exam of someone against their will (or guardian when under 18) would violate that?

 

[HoughMade]

Okay. HIPPA is off the table. Though HIPPA is about patient privacy, so it seems silly. I will concede that.

What about the 4th Amendment?
Seems like an exam of someone against their will (or guardian when under 18) would violate that?

It's not that there are not any constitutional issues that could be raised, it's just that if the case law roundly and soundly accept vaccinations, I don't think a non-invasive audiometry test designed to discover hearing loss early so it can be treated has a chance of being found unconstitutional. But hey, I haven't read any cases specifically on it, so it's theoretically possible.

 

[actaeon277]

It's not that there are not any constitutional issues that could be raised, it's just that if the case law roundly and soundly accept vaccinations, I don't think a non-invasive audiometry test designed to discover hearing loss early so it can be treated has a chance of being found unconstitutional. But hey, I haven't read any cases specifically on it, so it's theoretically possible.

I know it's not the same as DNA testing, or things involved in criminal investigations, but to me, it still seems like the "government" collecting information, without a warrant.

 

[Ziggidy]

I would believe the consent letter would violate their own policy when it states "shall". If a consent is sent out specifically for this test, then the school must follow the consent. I would think if there was a situation, the child would not have been called a "fibber" in front of people. The consent form and the "fibber" comment tells me the "shall" did not apply here. If by slim chance it did, then the school should be obligated to explain the policy to the parent.

I believe the school remains at fault.

 

[MCgrease08]

This seems appropriate for this thread.

[video=youtube_share;Ulu7DN8W9Sg]http://youtu.be/Ulu7DN8W9Sg[/video]

 

[shawnppickett]

Normally, I'd be inclined to let it slide as a mistake, but public schools seem to be getting pretty high handed about telling people whats right or wrong and disregarding parents instructions these days. With that in mind, I'd lay into them hard on this on G.P.

 

[rhino]

A week or so ago, my elementary-aged kid brought home a permission slip for a 3rd party hearing screening at her school. I declined, and she returned the slip. Turns out, they administered the screening anyway, even after she reminded them that I had declined. Not just didn't give permission (eg: not returning the slip), but specifically declining (eg: they explicitly do not have permission).

I am rather pissed, on several levels:
- they went against my wishes
- they performed a medical screening against my wishes
- they used a 3rd party, who now has both a medical and education record for my child
- the school now has this medical record in their file
- the teacher actually told my kid to "stop fibbing" when she said we had declined, and forced her to be screened (I was annoyed with the above, but this sends me over the moon)

I work with FERPA protected information almost every day. My wife worked with HIPPA protected information for more than a decade. We are both pretty well versed in those laws. I'm doing some research to see where exactly this falls. Not like I want to take this to the Supreme Court or anything, but I am rather annoyed.

So, to the INGO collective... am I overreacting? Under-reacting? Just right?

And just as I post, an update:
Turns out the secretary didn't keep track of accept/decline. I have been assured the information would be removed by the school and the 3rd party. This impacted more than just my family.

At the very least, you and your child should receive a formal, written apology from that teacher.

 

[Gabriel]

At the very least, you and your child should receive a formal, written apology from that teacher.

I wouldn't be happy about the other things listed, but the part where the teacher tells the child to quit fibbing would be the thing that pissed me off.

 

[PistolBob]

How will they prove your information has been deleted from the school system and the 3rd party hearing company? Get a lawyer.

 

[ccha8778]

I think you have a right to be mad! I would request a meeting with the principal and/or school administrator and raise some hell.

 

[josh64]

Wait till the school system cart them off to the local mozlom community centre or mosq and/or make them say the shihada, or write a confession that ollie is the one true god, god has no sun, and his profit is old moe who had a 9yr old wife.

 

[chezuki]

Wait till the school system cart them off to the local mozlom community centre or mosq and/or make them say the shihada, or write a confession that ollie is the one true god, god has no sun, and his profit is old moe who had a 9yr old wife.

Well, yeah... that’s obviously the next logical step after hearing tests.

 

[Vigilant]

Wait till the school system cart them off to the local mozlom community centre or mosq and/or make them say the shihada, or write a confession that ollie is the one true god, god has no sun, and his profit is old moe who had a 9yr old wife.

Again preez in Ingrish?

 

[Hoosierdood]

Wait till the school system cart them off to the local mozlom community centre or mosq and/or make them say the shihada, or write a confession that ollie is the one true god, god has no sun, and his profit is old moe who had a 9yr old wife.

Ever hear someone say something so ridiculously dumb that you want to just look at them and say "WTF is wrong with you?"


This may be one of those times.