Are there HIPAA and privacy violation by our school board? Posted on March 09, 2011Possible HIPAA & Privacy Law Violations:
I am a NJ state certified substitute school teacher. State requires that I have criminal background check, fingerprints and a health appraisal report from my family doctor which includes results of my TB test and a brief medical history. This info is kept on file with the Township school system, my employer as a condition of employment.
The school system that employs me and about 500 other substitute teachers in township is in the process of outsourcing the subs to a 3rd party. In effect all of us will be employed by the 3rd party come April 1.
The school board authorized the release of all of the substitute teachers criminal background check and a health appraisal information to the 3rd party without permission and without a contract in place between the school system and the 3rd party (an RFP is complete but contract is still in negotiation). I'm not sure what additional personal information was released and the company was evasive when asked if SSN, DOB and other personal information was received.
Questions I have are rather obvious: Is there a HIPAA violation by the school system in sending health appraisal information to an unauthorized 3rd party? 2) Are their privacy laws that protect my personal info such as SSN, DOB, criminal history from release to 3rd parties without my consent? If so, what is the recourse?