Members of my staff who attended the board meetings indicated that they voted to change the process
for the handling of health care records, including new application forms and procedures which may well require cadets to have a Dr. sign a form for participation in encampments and similar activities.
He indicated these would be effective 1 Jan, and since our activity in the Spring would likely be one of the first affected I sent inquires up the chain to get clarification.
The answer(s) I've received are that no one is aware of any changes.
Anyone have more detail either way?
Ned, I'm hoping you have the 4-1-1 on this.
Regardless of how CAP decided to handle records at the national level, I'd encourage you also look at your individual state regulations. Different states have different legal requirements for the acquisition, maintenance, and disposition of camp medical records. You can find a comprehensive database here:
http://www.acacamps.org/publicpolicy/regulations/
I have modified forms that we use at the MD/DE Wing Encampment (and the previous Tri Wing Encampments) along with a set of operating procedures designed around the requirements of Maryland's Department of Health and Mental Hygiene. You can likely adapt it to meet your own needs, as well. Shoot me a PM and I'll shoot you the materials.
I simply need to know what NHQ / NHQ Legal wants us to do, and absent that will continue as normal.
This is one of those cases where I don't think local interpretation, absent the authority of a corporate officer, is a good idea. The regs say "x" today. If they aren't changing, we aren't changing.
CAP is not bound by HIPPA, and our current regs do not require such treatment of health information (Common human decent, courtesy, and the privacy of our members aside).
This is why I am asking as I know there was discussion at the meeting.
There's already a couple of threads with people weighing in with their opinion on how "private" information should be handled. Here I'm simply asking if NHQ has changed anything and if so, what.
Quote from: Eclipse on September 25, 2009, 04:34:42 PMCAP is not bound by HIPPA, and our current regs do not require such treatment of health information (Common human decent, courtesy, and the privacy of our members aside).
What's HIPPA?
CAP is not a covered entity. Covered entities must protect health care information by following the Privacy Rule included in HIPAA. Employers are not required to comply with the Privacy Rule. However, if your employer asks your health care provider directly for information about you, your provider cannot disclose the information in response without your authorization.
If you don't want something out "in the wild" don't disclose it to CAP. There are only bad things that can happen when we start disclosing our personal medical information to CAP so that we can go camping. I've seen the form and if I want to tell you the last time I had the Hershey squirts, I sure won't fill out a CAPF to do it.
Bob,
This is one of those things that will take a little time to sort out the policy direction of the NB and craft regulations to implement it.
And as you know, we normally go through a public comment period for regulations, with takes a few months.
No specific draft regulation has come through my office at this point. If I were a betting man, I would say the odds are pretty good that you can continue to do what you are doing without fear of serious disruption for a Spring encampment.
Although it seems like it at times, we really don't try to play "Gotcha" here at NHQ with sudden regulation changes just to annoy hard working volunteers in the field.
Continue with your good work.
(But watch eServices for any possible reg changes.)
Ned
NHQ Guy
Bob
I sure hope they either come up with the changes before you go to press with you encampment info or after and not two weeks before like they did us on the safety junk and then change their minds again days before the encampment.
I will say that this is something that needs to be well thought out what ever they do.
RF24