Legal Question in Education Law in California
Hipa
Recently my son was evaluated by a
County Psychologist after a referral
from the public school psychologist to
see if he qualified for counseling
services related to his ADHD. He is
19. He thought that this
psychologist was going to be his
therapist and vented everything.
There are things that he said that he
does not want released to school
officials but they were already
released by the phsycologist who
interviewed him prior to him
reviewing the final report. Are there
HIPA violations here?
1 Answer from Attorneys
Re: Hipa
Hello
I assume that your son, as an ADULT executed a HIPAA compliant authorization and or release. Usually, professionals will share their infomation particularly with a referral as you have described.
If no "release" signed, yes a HIPAA violation.
What are the damages? Probably negligible at best. Better to concentrate on receiving benefits that your son is in fact entitled to.
Respectfully
Mark Geyer
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