[esd-dir] OSE - HIPAA Authorization Sample Form

[CORNELISON Tonya]

-----Original Message-----
From: LATINI Nancy 
Sent: Monday, November 24, 2003 1:35 PM
To: CORNELISON Tonya
Subject: FW: HIPAA Authorization Sample Form


Here are the messages that ran through on the HIPAA information. I promised
you the summary of comments from Suzy Harris.  Hope this helps.  Good seeing
all of you last week. 

Nancy Latini
Associate Superintendent
Office of Special Education
503.378.3600, Ext. 2361
nancy.latini at state.or.us


-----Original Message-----
From: HARRIS Suzy 
Sent: Monday, October 20, 2003 9:10 AM
To: 'Mickey Odin'
Cc: LATINI Nancy
Subject: RE: HIPAA Authorization Sample Form


yes

Suzy Harris
Legal Specialist
Office of Special Education
Phone:  (503) 378-3600-ext. 2333
web site:  www.ode.state.or.us


-----Original Message-----
From: Mickey Odin [mailto:mickey_upson at mail.umesd.k12.or.us]
Sent: Monday, October 20, 2003 9:07 AM
To: HARRIS Suzy
Subject: RE: HIPAA Authorization Sample Form


Suzie,
Thank you very much for your response.

" if the district allows the release of directory information, and
identifies students' names as directory information and parents have not
opted out of this option, the district may release a list of names that
includes children with/without disabilities (both) to OMAP without parent
consent."

This, of course is exactly the point we were concerned with.  All of our
districts send out with their student handbooks that it is their policy to
release student directory information, giving the parent the option of
requesting that their child's directory information not be released.
Therefore, I read your clarification as allowing the ESD to send student
names for eligibility and billing to OMAP for medicaid purposes unless a
parent of a child whose name is being submitted as specifically told the
district they do not want their child's directory information released.  Am
I correct in this?  Mickey

>>> HARRIS Suzy <Suzy.HARRIS at ODE-EX1.ODE.STATE.OR.US> 10/20/03 08:36AM >>>
Mickey:
 
1.  The HIPAA form is a sample form for school-age -- it is not required.
2.  We believe the form is HIPAA compliant and will allow you to access
medical records when necessary.  However, districts may decide to use a
release form from the medical provider, which would also (presumably) be
HIPAA complaint, or another form developed by the district (e.g.
Salem-Keizer SD has developed its own form).
3.  The issue in dispute about the form seems to be item #5 in which parents
consent to allow the program to obtain information from OMAP.  For
school-age students, this item may be deleted from the form, as school-age
programs may have other avenues for obtaining this information.  For
example, if the district allows the release of directory information, and
identifies students' names as directory information and parents have not
opted out of this option, the district may release a list of names that
includes children with/without disabilities (both) to OMAP without parent
consent.  Because of all the conditions attached to this alternate method,
districts may prefer just to get parent consent.  This is a district option.
3.  Nancy, Kay, Sharon & Gayl -- please let me know if you agree or disagree
with anything I've said in this e-mail.
 
Suzy

Suzy Harris 
Legal Specialist 
Office of Special Education 
Phone:  (503) 378-3600-ext. 2333 
web site:  www.ode.state.or.us 

-----Original Message-----
From: Mickey Odin [mailto:mickey_upson at mail.umesd.k12.or.us] 
Sent: Saturday, October 18, 2003 10:51 AM
To: HARRIS Suzy
Subject: HIPAA Authorization Sample Form


Hi Suzie,
Nancy Latini asked that I forward the  e-mail response I received from
Sharon Hill regarding the question I asked about use of the sample HIPAA
release of information form.  As you may recall, I spoke to you about this
form at the COSA Special Education Conference in September.  I had concerns
as to whether this form was something we needed to use for school-aged
students.  At that time, it was your impression that it was.  I have
e-mailed Sharon back and forth several times.  Her response as of last
Thursday is below.  Nancy said that she was going to follow-up to find out
exactly what ODE's official recommendation is for this authorization.  At
the ESD Directors' meeting there were further questions as to if
authorization is not required is notice required and what the content must
be.  The directors thought that the only notice required was the directory
information notice already printed in school district handbooks.  We are all
looking forward to further clarification.  Thank you, Mickey
 
RESPONSE FROM SHARON HILL:
 
Kay and I are of the same opinion that the authorization form for EI is not
required of school age, but that it is required for EI.
 
Once authorization is received, then proceed as you have historically with
eligibility checks. The Bulletin Board will remain operational until the
HIPAA
compliant eligibility systems are up and running.
 
Sharon K Hill
Medicaid Policy Analyst
503-945-6957
FAX 503-373-7689
Sharon.K.Hill at state.or.us <mailto:Sharon.K.Hill at state.or.us>