Practice Management Alert

Reader Question:

HIPAA Release may not be Needed for Vax Records

Question: With the current measles outbreak and the mayor’s public health emergency, some schools are requesting vaccination records for their students. Can we release the immunization record information without authorization, or does this violate the Health Information Portability and Accountability Act (HIPAA)?

New York Subscriber

Answer: Yes, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) says, depending on the situation.

“Yes, provided the school is required by law to have proof of immunizations in order to admit the child, and a parent, guardian, or other person acting in loco parentis has agreed to the disclosure,” OCR says.

It’s important to add a note about the request into the patient’s medical record, even if the request is made orally.

“Where the individual who is a student or prospective student is an adult or emancipated minor, the provider may make the disclosure with the agreement of the student herself. In either case, the agreement may be obtained orally or in writing, but must be documented (e.g., by placing in the medical record a copy of a written request, or notation of an oral request, from a parent for the provider to disclose the proof of immunization to the school),” OCR says.