Is it just me or this really a stupid rule? About This Page:

[CinderAbby]

Many of you know I work in a school kitchen. Nowadays, it seems like allergies are popping up left and right. Our "new" registers (we've had them a little over 3 years now) are actually computers and with the new Food Service Director we have, if I bring up a students account that has an allergy, it tells me what it is. There are quite a few kids that have them but there are a few of them that have "odd" allergies. I say odd only because they're not one of the major 8. For instance I have a student allergic to sunflower oil. Anyway, last year I was given a list of every single student in my building and this listed the allergies too but if I was cooking something with an allergen, by the time I finished looking through the list (almost 400 names) I would forget the names of the kids I had to keep a lookout for. I wasn't organzied enough to write it down . I had asked for a list of kids with just the allergies but it was so late in the year I was basically told it would take too long to do.

For this year, I started going through each and every name myself and writing down the kids name and what the allergy is (I haven't finished it yet). Yesterday I happen to be talking to the school nurse who already has exactly what I'm trying to do - just the kids name with the allergy but she can't share it with me!! They say it's becasue of HIPPA. So let me get this right - you have a list that only says a name and an allegry - both of which I have in my computer, just not in list form, and you can't share it with me?? I think that is totally stupid. I get if the papers had other information that is not my business but a name and an allergy? I brought it up to my FSD and she said the same thing. All I want is a quick reference sheet so that if I have something containing say the sunflower oil, I can look at a list of 2 dozen names, not 400, to see if it could be a problem (which this one I already know is). My FSD said I can make one myself but if I do, I have to keep it hidden so other people can't read it. I'm trying to help the kids stay as safe as I can so I just think it's stupid the nurse can't share a list with me but I can do it on my own and waste time.

[rphstearns]

In this regard the nurse is misapplying HIPPA because information can be shared with regards to the Health and safety of the child. Just as if a patient in a hospital has a peanut allergy that has to be shared with dietary. Yes the list must be kept confidential and secured since it is private health j formation.


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[JoanneS]

Have you thought of inputting the kids names and their allergies into an Excel sheet? Then when you cook something, you can just alpha the column on the sheet with the allergen and find the kids quickly. Then print out the page of the allergic kids and tape it to your register.

[GingerJ]

Originally Posted by JoanneS

Have you thought of inputting the kids names and their allergies into an Excel sheet? Then when you cook something, you can just alpha the column on the sheet with the allergen and find the kids quickly. Then print out the page of the allergic kids and tape it to your register.

but I suppose you'd have to keep it in the register drawer, if there is one, to keep anyone else from seeing it, so as not to get in trouble.

Those HIPAA rules can be pretty arcane. I had to watch a one-hour HIPAA video to join the township fire department auxiliary to be a CERT member (community emergency response team). I

This particular application, where both of you have the complete list but she can't share hers with you seems to be misapplied. I know you just want to keep the kids safe!

[Luvsun]

I believe that the nurse is allowed to give you that information. I believe she is misapplying the HIPPA rules.
When I worked at the elementary school in Indiana, the nurse actually gave a complete list of children with any type of allergy (food, bug, environmental, medicine) to all departments who would encounter those children. The cafeteria was definitely one of those departments!
I am sorry you are having issues with this! I hope it all gets worked out!

[Huntermom]

HIPPA must be the most frequently misapplied law ever, although I think sometimes it is used as a convenient excuse.

To begin it only applies when the provider is billing health insurance, something I doubt the school nurse does. I think as a school nurse she has an obligation to make sure the entire staff is aware of allergies and I am not sure about how confidential allergies should be. It is an interesting question. I am sure there are parents of kids with life threatening allergies who would rather too many, not too few people know.

[Teresa]

Originally Posted by Huntermom

HIPPA must be the most frequently misapplied law ever, although I think sometimes it is used as a convenient excuse.

To begin it only applies when the provider is billing health insurance, something I doubt the school nurse does. I think as a school nurse she has an obligation to make sure the entire staff is aware of allergies and I am not sure about how confidential allergies should be. It is an interesting question. I am sure there are parents of kids with life threatening allergies who would rather too many, not too few people know.

Yes - it's completely misapplied. Maybe you should have her check this out:http://www.hhs.gov/hipaa/for-profess...ool/index.html

[Pax]

Originally Posted by CinderAbby

They say it's becasue of HIPPA. So let me get this right - you have a list that only says a name and an allegry - both of which I have in my computer, just not in list form, and you can't share it with me??

HIPPA is an absolutely zero tolerance Federal law protecting the privacy of one's health records.

Wait, no; "zero tolerance" is not a strong enough term fo rhos strict it is. If the nurse shared her list, she could not only lose her job, but her entire career - her license to be a nurse at all would be on the chopping block.

...

I get that it's inconvenient. But, in order to avoid carving out a gigantic number of loopholes that would possibly weaken the law into oblivion, they avoided carving out ANY loopholes at all. Without a signed consent form (in this case, from the parent, not the child), they are not allowed to share any medical information with anyone except the child and their parent(s) for any reason.

And, sorry but ... the benefits to patient privacy vastly outweigh the inconvenience of situations like yours, irksome though they certainly are.

[MelissaL]

The school must have obtained the allergy information given to Food Services from parents/guardians who provide it. (If it came from the nurse in the first place, then HIPPA was already violated.) If for some reason a family does not want this information shared with school staff, they could simply not provide it to the school. I agree with Huntermom that families should want this information shared with whomever could prevent contact with the allergen.

Melissa

[Teresa]

Originally Posted by MelissaL

The school must have obtained the allergy information given to Food Services from parents/guardians who provide it. (If it came from the nurse in the first place, then HIPPA was already violated.) If for some reason a family does not want this information shared with school staff, they could simply not provide it to the school. I agree with Huntermom that families should want this information shared with whomever could prevent contact with the allergen.

Melissa

This is erroneous. HIPAA is to protect the electronic transmission of health information by healthcare industry and insurance entities.
There is absolutely NOTHING unlawful in providing Darlene a list of the allergies of the children who would be affected by exposure to/consumption of something she may serve those children.

[CinderAbby]

the benefits to patient privacy vastly outweigh the inconvenience of situations like yours, irksome though they certainly are.

And what exactly is the benefit to the 2nd and 3rd graders that I feed by not sharing this info? Getting sick? Case in point - had the school nurse shared with me the allergens of a little girl who is new to the system (her name is in the computer, her allergens are not) I would not have let her buy the french toast sticks we had for lunch containing one of her allergens. She ended up in the nurses office afterwards complaining that she was very, very itchy. Was it lift threatening? I guess not, but it could have been - and I would have been at fault for letting her get an allergen containing food. This little girl, BTW, IS on that list she can't share, but not in the computer.

[guerns17]

Is there a way they could send home permission forms to the parents of kids with allergies asking to allow specific kitchen staff access to the information!
? If I were a parent I would want you to know my child's allergy!

[CRCrazy]

Darlene - are you a school district employee, or are you a contracted food service?

Our district doesn't sub out the food service. We just had our opening professional development day. Part of the morning was going over the confidential list of every child that has health issues, including allergies, that school employees need to be aware of. The cook was part of that meeting. We have some unusual food allergies as well - and our confidentiality agreement is part of our contract. Since we are a very small school, every staff member will be in contact with every child at some point in the day. If you see that child at recess, you need to know the plan. In fact - a copy of the list is in the recess emergency bag.

[CinderAbby]

Originally Posted by CRCrazy

Darlene - are you a school district employee, or are you a contracted food service?

Our district doesn't sub out the food service. We just had our opening professional development day. Part of the morning was going over the confidential list of every child that has health issues, including allergies, that school employees need to be aware of. The cook was part of that meeting. We have some unusual food allergies as well - and our confidentiality agreement is part of our contract. Since we are a very small school, every staff member will be in contact with every child at some point in the day. If you see that child at recess, you need to know the plan. In fact - a copy of the list is in the recess emergency bag.

I'm a school district employee and paid by the town. If I were a general worker, I could understand being told they can't share but I'm the kitchen manager - the one responsible for cooking the food, ordering the food, keeping the labels off the boxes, etc.

[Huntermom]

Great link Teresa. I'll add it to my resource file. And Darlene, please share it with your FSD and nurse. I think HIPPA can be used as an excuse when one does want to do something. And people give it such broad application, based not on fact but on what they've heard or think.

Thank you Teresa for education a few people who perhaps will pass the knowledge on.