Fast Five Questions
FOR IMMEDIATE RELEASE
Contact: Mark Schnitzler, Esq.
Tel: 203-692-4600
Five Fast Questions on Navigating the College Transition with Attorney Mark Schnitzler
FAIRFIELD, CT, June 11, 2019 -- As the parent of a college student, imagine this scenario: your telephone rings in the middle of the night. It’s your child’s roommate, telling you that your son or daughter was rushed to the emergency room. The ER is hours away from your current location. You call the hospital for information and identify yourself as the parent. The hospital informs you that because your child is over 18 years old, and due to HIPAA privacy laws, they cannot provide you with any information. It is at that moment you realize that you have as much of a chance of getting health care information about a complete stranger as you do your own child.
Q: What is the biggest surprise to parents of college students?
Parent rights are severely curbed. Even though you’re paying for tuition, books, housing and medical insurance, once your student turns 18 years old, you have no automatic legal right to see your students’ academic, financial, or medical information.
Q: How can I help my child in an emergency?
By planning ahead. It is imperative that families put the proper legal framework in place prior to a medical emergency. Your adult child needs to execute a few legal documents that will clearly establish the rights of their parents. The documents should be executed for both your home state and the state where your child attends school. This small investment of time and money will enable you to stay informed, involved and able to help your child when they need you most by making critical decisions about their medical care.
Q: But I trust my child. Why are HIPAA laws a problem?
It is not about trust. Your college student is navigating a new environment and sometimes the unthinkable happens. Tragic stories of alcohol poisoning, drug overdoses, head injuries and brain damage among college students have dominated the news over recent years.
And it is not just immediate life-or-death circumstances. Even when situations don't initially present as life-threatening, young adults may have an underlying medical condition or significant history that must be taken into consideration when delivering emergency care. This includes mental health, depression, diabetes, severe allergies and anxiety, which are all emerging issues among the college population. As a parent, you have no automatic legal right to discuss any of your child’s care with doctors or emergency personnel or to help make decisions on your child’s behalf.
Q: What can parents do to maintain full access of information?
Most colleges and universities have a framework in place to allow parents to see academic and financial records. Students complete what is known as a FERPA waiver (Family Educational Rights and Privacy Act) that allows parents access to information that would otherwise be restricted only to the student.
Q: Does FERPA cover medical issues?
No. Medical records are entirely separate and are governed by the Health Insurance Portability and Accountability Act (HIPAA) privacy rules. Once your child reaches the age of 18, his or her personal health information is considered private and disclosure of their medical information, absent prior written authorization, may be restricted to the child.
The Final Word
Although this topic is the last thing a family wants to think about when preparing a child for college, the risks are undeniable. Putting a legal framework in place prior to an emergency event will give your family peace of mind by allowing parents to legally make life-saving decisions on behalf of their adult children.
About Schnitzler Law
Schnitzler Law, LLC, is a Connecticut-based law firm that specializes in litigation, business law, probate litigation, real estate services, wrongful death, and catastrophic injury cases. Please contact Schnitzler Law, LLC at (203) 692-4600, visit our website at www.schnitzlerlaw.com or email us at info@schnitzlerlaw.com for more information. © Schnitzler Law, LLC.
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