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National Fee Increase: Effective 1 August 2021

My wife and I are ASM and Committee. I assure you that’s not free. Scouting is wonderful, but financially it can be death by 1000 pinpricks. Every council camp has a fee, certain merit badges has a fee, MB handbooks cost money unless you can get your hands on a current free copy…I can go on and on

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Hi Packhorse… I was not disparaging sports. I was making the point that for many parents sports does not require their active participation. This is particularly true at the cub age level. I think sports are great and kids in scouts can qualify for certain aspects of their advancement by being active in a sport. Sports encourage personal fitness, teamwork and commitment to learning the fundamentals of the game. I was Pack Committee Chair when my kids were in Cubs and we had a blast. We were surrounded by sports with baseball, soccer, football, hockey, basketball, martial arts, swimming and more. We put on a good program with strong parent support and had no difficulty. We had near 100% retention from Tigers to AOL. You misconstrued my meaning. We have to meet the needs of kids and parents and engage parents. We aren’t sports… teams start over season after season, often with high turnover. We depend on keeping kids engaged for literally years.

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The comments came off as disparaging but I am glad if that was not your intent. I admit, I feel like I must be living in a different world than some people. We have lots of scouts in sports and many times it’s the same parents who are the coaches and the den leaders and ASMs. The anti sports mentality in scouting can sometimes seem pervasive and it is unique to it. 4H people for example don’t blog away about how dastardly scouting is. Nor sports. It just happens on scouting sites.

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HIPPA Issues with that info. Immunization records and other medical issues. BSA does not want that responsibility. But it would be easier.

We are prepping for Summer Camp tomorrow and all Scouts and volunteers are putting our tents up as they will be at camp, in a public park. Plenty of attention when Scouts put up tents in a public space. And the park is where we are charteted.

Want to recruit Cub Scouts, put up tents, bring out a grill, make smores in the park.

We bought all the gear for the kids from our mulch sale. We made $5000 and next year will likely double that. We also said we were open to service projects to help folks around the house who needed it… got 40 replies in 2 hours.

People need Scouts.

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You need to expand on that please. I’m always looking for fundraising ideas

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Is there going to be a fee for Merit Badge Counselors not associated with a unit?

BSA has stated many times that HIPPA does not apply to any councils, camps or units.

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I have not seen anything that says MBCs will need to start paying a registration fee.

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For example, here:

Q. Isn’t the Annual Health and Medical Record covered by the Health Insurance Portability and Accountability Act?

A. No. The Health Insurance Portability and Accountability Act (HIPAA) was enacted to regulate how personal health information is shared with health care and health care insurance entities.
Neither the Boy Scouts of America nor the AHMR are subject to HIPAA. A Scout is trustworthy: Records and sensitive information should be maintained in a private manner.

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Page 13 of the September 2020 BSA Rules and Regulations says “Merit Badge Counselors. Persons who are at least 18 years of age may serve as merit badge counselors in subjects for which they are qualified and must register as such as adult Scouters as provided in this section. A fee for such registration will not be required.”

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Mulch was from Ohio Mulch. $2.75 a bag. We sold it for $4/bag delivered. We live in an urban area where most people do not have vehicles to move 40 bags of mulch. We included installation for $.50 a bag. We sold $13000 in mulch in 30 days all online. We met 3 new Eagle Scouts, 2 we have met before and have 12 in our neighborhood. We delivered about 3000 bags of mulch. 3 semi trailers of 16 pallets each. Took us 3 weekends.

Everyone saw the kids working hard moving over 50 tons of material. They all told us the bags should be $5 or $6/bag delivered. The extra $1/bag would add $3000 to our profits and the neighbors love seeing the boys out and about.

In one neighborhood we did 30 orders. They told us next year it will be 60 orders. Still trying to figure out how we will deliver all of that!

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Okay… I suppose they have an exclusion under federal law. But there are only 5 exclusions where PHI can be exposed without patient consent and having that data in Scoutbook may not be the safest place for it. I have doubts about the security of Scoutbook particularly in light of the ransomware attacks going on right now.

Exceptions Under the HIPAA Privacy Rule for Disclosure of PHI Without Patient Authorization

  • Preventing a Serious and Imminent Threat. …
  • Treating the Patient. …
  • Ensuring Public Health and Safety. …
  • Notifying Family, Friends, and Others Involved in Care. …
  • Notifying Media and the Public.

No one suggested putting it in Scoutbook. A third party could host it. Just provide a means to mange the forms, insurance cards, and permission slips. We spend a lot of effort finding, copying, and shuffling this paperwork. With 10 Scouts and 3 adults going to camp it was a lot of work COR one volunteer. I can’t imagine how a 50 Scout unit manages!

You also misunderstand. HIPPA doesn’t apply to non healthcare providers. The Scouts are not patients.

I have never thought of sports as competition, just another activity for kids to enjoy. The difficult part for a lot of units is when a coach demands almost daily practices along with games and has a win at all costs attitude and you’re off the team or you don’t play if you miss a practice. Those are poor coaches. We encouraged kids to enjoy sports and if they arrived late for an event because of a game we’d ask them who won and get on with scouting. We were always still there when the season ended. A well rounded childhood should include varied experiences.

Except that again, HIPAA does NOT apply to BSA. At all. Period. Full stop. BSA doesn’t need “exceptions” because the law has absolutely NOTHING to do with BSA or units.

HIPAA is limited to Covered Entities and Business Associates | HHS.gov

A Health Care Provider
A Health Plan
A Health Care Clearinghouse
business associates of these three that “help it carry out its health care activities and functions” (e.g. the IT contractor who is working on the patient data system).

Since your unit and BSA are none of the above (they are NOT health care providers, NOT a health plan, NOT a health care clearinghouse, and NOT a business associated with any of those 3), HIPAA doesn’t apply to them.

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So what you are saying is that the BSA has an exemption from HIPAA and the First Aid buildings at all of the Camps are not providing medical services to Scouts? And that all of the First Aid personnel on camps have access to all of the health forms and could easily copy and distribute them or share them really with anyone who walks into the First Aid buildings?

Sounds great the BSA is exempt - according to who? And beyond HIPAA, how would you restrict access to individuals and their private health information? In the event of a data breach, which is not out of the question these days, the exposure to the BSA is quite large. I think the best way forward is for the BSA to find a way to digitize these documents with a third party and access them through the third party and not retain that data on-site in any way shape or form.

According to the HHS definition of who a health care provider is, the BSA does not fall under that umbrella.

From: Covered Entities and Business Associates | HHS.gov

Here’s an HHS tool to help you determine if you’re covered entity: https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/Downloads/CoveredEntitiesChart20160617.pdf

While I understand your concern about personal health information, that doesn’t change the fact that according to the US government, HIPAA doesn’t apply to our units. I agree that those who have our AHMRs should certainly keep them as private as possible. I don’t think anyone will argue that point with you.

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According to BSA and its legal department. https://filestore.scouting.org/filestore/HealthSafety/pdf/680-055(16)_AHMR.pdf

Neither the BSA nor the Annual Health and Medical Record are subject to the Health Insurance Portability and Accountability Act (HIPAA). A Scout is Trustworthy: Records and sensitive information should be maintained in a private manner.

See also

Q. Isn’t the Annual Health and Medical Record covered by the Health Insurance Portability and Accountability Act?

A. No. The Health Insurance Portability and Accountability Act (HIPAA) was enacted to regulate how personal health information is shared with health care and health care insurance entities. Neither the Boy Scouts of America nor the AHMR are subject to HIPAA. A Scout is trustworthy: Records and sensitive information should be maintained in a private manner.

And Annual Health and Medical Record Safety Moment | Boy Scouts of America

Neither the BSA nor the Annual Health and Medical Record are subject to the Health Insurance Portability and Accountability Act (HIPAA).

Unauthorized release of private medical information by BSA or a unit would or could violate a slew of other things, but not HIPAA.

If you disagree, feel free to contact BSA Legal and let them know.

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