Protecting Student Health Information
Opinions vary on whether HIPAA applies to student health services. One school of thought believes that HIPAA does not apply to student health clinics because only FERPA applies. A second school takes the position that HIPAA and FERPA both apply. And, while the minority, a third school believes that neither HIPAA nor FERPA apply - the most perilous interpretation in our view.
Why is this question important?
If it is determined that HIPAA Rules apply to student health clinics, the financial penalties and administrative burdens for not complying with HIPAA are significant.
This 20-page paper, authored by HIPAA Attorney Elizabeth Schoen, JD, reviews the basics of HIPAA and FERPA laws, including the grey areas that remain unresolved, and how they may be applied to student health centers. We then address practical questions raised by the HIPAA vs. FERPA dilemma in a world of hosted Electronic Medical Records systems and electronic claims being sent to third party payers.