Saad Gul and Michael Slipsky of Poyner Spruill LLP write:
The coronavirus, officially COVID-19, is the most significant public health emergency in decades. The virus, believed to have originated in Wuhan, has expanded with astonishing rapidity. Despite government efforts, it has arrived in the United States. At the time of writing, 14 Americans have died. Given the combination of rapid growth and potential fatality, institutions handling large numbers of people in enclosed spaces must be prepared to deal with a potential case. One instance? Schools.
Schools provide health services. Nursing staff, counseling, prescription management and vaccination services are offered on campuses. These services give schools access to sensitive personal health information (PHI). PHI is protected by law. That would include a coronavirus diagnosis. On the other hand, early notification of a potential coronavirus case on campus could be critical to the health of other members of the campus community. So what guidance should diligent counsel offer concerned administrators about health record privacy?
The issue is knotty.
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