KEYWORDS:
School Immunization Laws, Privacy, HIPAA
BACKGROUND:
In 1996, the U.S. Congress passed a law requiring, among other things, uniform federal privacy protection for certain individually identifiable health information. This law is called the Health Insurance Portability and Accountability Act (HIPAA). The U.S. Department of Health and Human Services recently issued final regulations implementing the law. As a result of the law, many health care providers were reluctant to release immunization data to the schools without specific patient authorization. Minnesota currently has a state immunization data sharing law that allows health care providers and schools to share data without patient authorization.
OBJECTIVE:
To present Minnesota Department of Health’s (MDH) analysis that HIPAA permits the disclosure of immunization data to schools and child care providers under Minnesota’s Immunization Data Sharing and School Immunization Laws without patient authorization.
METHOD:
This legal analysis included review of state and federal laws pertaining to immunizations and data privacy and discussions with both state and federal officials. This analysis resulted in a position paper addressing the providers’ concerns. This paper was sent via mail to all Minnesota VFC clinics (800) and posted on the department’s web site. It was also included in two department publications and disseminated through the Minnesota school nurse listserv. It was also shared with staff at the Centers for Disease Control Immunization Program.
RESULT:
As a result of this analysis, health care providers in Minnesota are releasing patient immunization data to schools without parent authorization.
CONCLUSION:
Issue specific analysis for HIPAA is necessary to ensure that school immunization laws remain effective and health care providers share information.
LEARNING OBJECTIVES:
Attendees will get practical information about Minnesota experience with HIPAA and immunization data sharing that they can use in their own states.
Web Page: www.health.state.mn.us/divs/dpc/adps/hipaa.htm
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