Legal Question in Health Care Law in Maryland

My second-grade son potentially has ADHD so, while we wait for our appointment to see a child psychologist, his pediatrician wrote a note to his teacher requesting that he not be denied recess. The note stated "Please allow daily 20 min recess. Do not withhold recess as punishment. Please call with questions." Apparently, the teacher was outraged and offended (her words) by the note and showed the note to other second grade teachers, the school counselor, nurse and principal. She admitted doing this in a conference we had with her later the same day. The note does not state anything about our son's possible condition, but do the teacher's actions violate his right to privacy (HIPAA laws)?


Asked on 9/23/10, 3:19 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

It depends. Is the school public or private? You may want to read the following article on HIPAA and FERPA. It should answer your questions about your son's situation ---- www2.ed.gov/policy/gen/guid/fpco/doc/ferpa-hipaa-guidance.pdf

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/28/10, 6:14 am


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