<p>My D's friend is a senior this year and about to apply ED. Last year she struggled with some depression and her guidance counselor is aware of it because she went in to see her a few times. It did affect her grades somewhat but she is doing okay now, and does not want to disclose it on her college app. She is afraid that her guidance counselor will mention it or allude to it in the counselor recommendation, even though she has told her that she does not want to mention it. (She feels this way because the guidance counselor keeps telling her that it's nothing to be embarrassed about, etc.) </p>
<p>Is there anything she can do to make sure the counselor does not mention this, or is a counselor able to mention whatever she wants? The girl attends a small public school on Long Island and there are about 150 kids in her graduating class - I mention this only because the counselor/student ratio seems low to me so I expect that the counselors write more "personal" recs. </p>
<p>The girl can discuss this with the GC and ask, and also request to see the rec, but the schools will then know that the rec is not a blind one. Really, the GC can write whatever s/he feels relevant in the recs when they are confidential and even let a college admissions office know of things off record. That doesn’t happen most of the time however. But, no there is absolutely no way to prevent a GC from letting a college admissions officer know something.</p>
<p>Wouldn’t the guidance counselor be in violation of HIPPAA if she chose to disclose a condition when doing so would not medically assist the student in either the short or long term? I’m neither a lawyer nor doctor so please don’t assume what I write is correct. </p>
<p>No absolutely not! I’m not sure if there’s any way for her to ensure that the counselor doesn’t disclose it but that is absolutely not acceptable (I don’t believe it’s legal either but I’m not 100% sure on that)</p>
<p>A hs guidance counselor is not a “covered entity” under the HIPAA privacy rule. The rule applies to healthcare providers, insurance companies, etc. Nevertheless, the gc should not be opining about a student’s diagnosis. Maybe depression wasn’t even the exact diagnosis, in which case the gc would be giving misinformation. </p>
<p>Is the GC the school disabilities officer? No. Can’t disclose. Did the GC learn of the depression through some official means? IEP, 504? Can’t disclose. Did the student just say I’ve been depressed? Disclosure would be unwise as the info may be inaccurate. </p>
<p>Honestly, unless the GC has a history of disclosing inappropriate info (and then why is that person still employed?) I don’t know why the student would be concerned, especially after a request not to mention it. </p>
<p>“Can” is a very specific word, meaning “is able to do so”, and yes, she can. Maybe she is not permitted to say the person is clinically depressed, but can discuss ramifications of it. Absolutely. In many cases, a medical condition, whether it’'s that of the student, the student’s close friend or family is an essential thing to bring up. Frankly I doubt the GC will, but yes, it CAN happen. </p>
<p>One can discuss this with the GC , as I said, or waive the confidentiality of the rec and actually see it if the fear is that great. </p>
<p>The student should ask her parents to speak with the guidance counselor on her behalf. GC may think that disclosing the info will help the student, but seems oblivious to the fact that the student does not want it mentioned. The student’s wishes and privacy should be respected.</p>
<p>The best avenue is to seek some middle grounds. The GC might feel that the information is essential in presenting the academic history of the student. The family is rightfully concerned about disclosing personal medical issues, and especially one that intimates something akin to depression. Inasmuch as schools will not dwell on issues that are seemingly in the past, it is a legitimate concern. </p>
<p>While it would be hard to change the mind of the GC after she has made a professional decision to disclose facts, the parents might ask to use language that does not directly hint at previous mental issues. For instance describing how the students overcame HEALTH issues that did impact her grades might raise no flags. </p>
<p>The sad reality is that parents and students have to be on their toes about EVERYTHING high schools like to disclose and remain vigilant about a number of things that should not be the concern of school officials. It is what it is and trying to iron out differences of opinions is much better than trying to allege improper disclosures. </p>
<p>You would have to approve the GC giving out the information. But to be safe, why don’t you ask for a short meeting with the GC and make your wishes clear.</p>
<p>“Wouldn’t the guidance counselor be in violation of HIPPAA if she chose to disclose a condition when doing so would not medically assist the student in either the short or long term?”</p>
<p>This is my understanding, though I might very well be incorrect.</p>
<p>My spouse is a physician. Let’s say my best friend goes to him.
He can’t mention to me that he saw her in the office or what her diagnosis / conditions are.
If he were to bring home records and I were to see her records, that’s a violation of HIPAA, since it was his job to keep them safe and from my not-needing-to-know-eyes. </p>
<p>However, if my best friend says to me that she has XYZ condition, nothing prevents me from telling everyone and his uncle. I may, of course, be a jerk for doing so, but I’m not in violation of HIPAA since I’m not bound by it.</p>
<p>I believe this to be correct, but please someone correct me if I’m wrong. </p>
<p>Pizzagirl - the difference is you are a friend, and the GC is a school administrator, just like your husband is a physician. She only had the information because it is part of the student’s school records. She is not supposed to disclose school records (and health information is part of school records) without student’s consent. I could be wrong too, but that’s the way I am interpreting it. :)</p>
<p>The way it works in the school is that if the diagnosis of official, i.e. a faculty member or any employee is made aware of it through official channels (IEP, 504, sees documentation from psychiatric professional), divulging such information can result in a suit not only against the school but the individual who released the information, as it is a violation. </p>
<p>The issue comes when a student self discloses. If a student comes into my office and says, “I have X,” that is a very different thing. The information is theirs to give. As I am not a disabilities officer/specialist at the institution, (and a guidance counselor is not necessarily such, either), the information is not protected as it would be if I were. There is also the issue of accuracy, especially in the case of depression where there is a disease that rises to the level of disability when diagnosed by a professional and an emotion. The term is often used ambiguously. </p>
<p>So, without knowing how the GC came by the information or how accurate the information is (official psychiatric diagnosis documents vs. parent coming in and saying child has this), it is impossible to say what the GC is or is not allowed to do under HIPPAA. To be safe, one would think the GC simply wouldn’t mention it, but that may not be the case. </p>
<p>The applicable law is FERPA, not HIPAA. It protects all your educational records, including your transcript. Obviously, when you request your school to send your transcript to colleges, you’re authorizing them to release information that would otherwise be protected. In order to determine whether the request for a counsellor’s recommendation authorizes the release of the information regarding depression, you’d need to look at and interpret what the request says.</p>
<p>Look at what’s in the form you gave the school requesting a recommendation letter. More cautious schools may have their own form, which explicitly waives your FERPA privacy rights.</p>
<p>On a different, though somewhat related note, if you pay attention to what boxes you’re checking and what they mean, you’ll be aware that FERPA also allows you access to recommendation letters. Applicants typically elect to waive that particularly FERPA right.</p>
<p>If I were this student I’d go in and talk to the GC. I think what would be in her best interests is for the GC to say something very general like “___ overcame some health issues last year, which resulted in a slight dip in her grades.” Excuses like this generally sound better coming from a third party in than the student.</p>
<p>@pizzagirl Your husband, as a physician, is a covered entity under HIPAA. A friend or gc is not a covered entity under HIPAA specifically. However, the point that if the diagnosis was part of the student’s official record through an IEP or something similar, that may be covered under FERPA.</p>
<p>Also, most states have special rules when it comes to psychiatric diagnoses (as well as reproductive health and substance abuse treatment). </p>