Legal Question in Disability Law in New Jersey

Hipa law

I run a nonprofit that works with children and their parents from 4th grade through college. Our goal is to provide financial means for the child to succeed in college. We try to select children that have the best chance to go to college. In our selection process, parents are asked specific questions about family medical history(of the birth parent, guardian and child).

I have a situation where we found our about a medical condition that the child was diagnosed with at birth. We found out the information from a former employee of the school that now works for our organization. Instead of answering the application properly the mother stated that there was no history of any medical conditions. It is my belief that she intentionally misled us so that we would accept her child into the program. We asked the mother about the illness and she became very upset stating that under the HIPA law she did not have to tell us anything. Is that true? We have a signed release from the parent for the school to release any records to us. Can we face any legal issues? Will we face problems if we dismiss the parent/child from the program because she lied on the application? What problems could our employee face.


Asked on 9/13/08, 9:22 am

1 Answer from Attorneys
Allan Marain Law Offices of Allan Marain

HIPAA law

Relations between you and mother are, for the most part, governed completely by the contract between you. If the contract allows you to disenroll the kid, that's the answer, but subject to the note at the end of this message.

Mother's references to HIPAA are wrong. What HIPAA regulates is release of medical information by the health care provider. That would, of course, be the kid's doctors, not the mother.

All in all, mother seems to be a high-maintenence individual. You would be well rid of her, the sooner the better. If your agreement with mom permits disenrolling the kid, that might be your best course of action.

Note: There is one additional issue that you need to address, and that is the Americans with Disabilities Act (ADA). I lack expertise in that area, and am not able to advise you on whether it might limit your options. I would encourage you to post another question on LawGuru in that regard.

A.

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Answered on 9/13/08, 10:40 am


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