The relationship between the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and education records can be confusing. While HIPAA protects the privacy of individually identifiable health information (IIHI) held by "covered entities," it doesn't directly regulate all health information held by educational institutions. This article clarifies the complexities and answers frequently asked questions.
What is HIPAA?
HIPAA is a US federal law designed to protect the privacy and security of protected health information (PHI). It establishes national standards for the electronic transmission of health information and safeguards against unauthorized disclosure. "Covered entities" under HIPAA include healthcare providers, health plans, and healthcare clearinghouses. Crucially, it doesn't automatically encompass all schools or educational institutions.
Does HIPAA Apply to Schools?
The short answer is: generally, no. Schools are not automatically considered "covered entities" under HIPAA. However, this doesn't mean that schools are free to disregard student health information entirely.
Here's a crucial distinction: if a school provides healthcare services (e.g., a school nurse administering medication or conducting health screenings), then those specific health-related activities might fall under HIPAA regulations. This means the school nurse's handling of that information would be subject to HIPAA guidelines. But the school's overall student record system, containing general health information not directly related to the provision of healthcare, is not.
H2: What about information shared with healthcare providers?
When a school shares a student's health information with a healthcare provider (doctor, therapist, etc.), that information then becomes subject to HIPAA regulations for the healthcare provider. The school's role is to ensure that the information is shared in compliance with appropriate release-of-information procedures. The provider must comply with HIPAA regulations regarding the handling of this information.
H2: What laws do protect student health information in schools?
The Family Educational Rights and Privacy Act (FERPA) is the primary federal law protecting the privacy of student education records. While FERPA doesn't directly address health information, it often overlaps with health data contained within student records. FERPA dictates who has access to student records and establishes procedures for disclosure. State laws may also offer additional protections for student health information in educational settings.
H2: What kind of student health information is typically not covered by HIPAA?
Information gathered by school officials for purposes other than healthcare provision, such as attendance records, disciplinary actions, or general health status notes (not directly related to healthcare services provided by the school), are generally not covered by HIPAA. These would fall under FERPA.
H2: What if a school has a health clinic?
If a school operates a health clinic providing healthcare services, then that clinic would likely be considered a covered entity under HIPAA. The handling of all health information processed within that clinic would therefore need to conform to HIPAA standards.
H2: How can schools ensure they are compliant with relevant laws?
Schools should develop clear policies and procedures for handling student health information, ensuring compliance with both FERPA and any applicable state laws. Training staff on these policies and procedures is crucial. If the school provides healthcare services, adherence to HIPAA regulations is essential. Consulting with legal counsel specializing in education law and healthcare privacy is highly recommended.
Conclusion:
The relationship between HIPAA and education records is intricate. While HIPAA doesn't directly govern all student health information in schools, schools must understand and comply with FERPA and potentially HIPAA depending on the nature and extent of healthcare services they provide. Careful consideration of information handling procedures and seeking legal advice where needed are crucial for maintaining student privacy and legal compliance.
