Understanding the Relationship Between HIPAA and FERPA: Exclusions for Education Records
HIPAA and FERPA are two federal laws that safeguard the privacy and confidentiality of individuals’ records. HIPAA or Health Insurance Portability and Accountability Act applies to protected health information (PHI) of individuals while FERPA or Family Educational Rights and Privacy Act safeguards the privacy of students’ education records. Both laws define what constitutes personal information and establish procedures that entities must follow to protect it. However, there are circumstances under which these two laws do not apply, and this article will focus on the exclusions for education records in HIPAA and FERPA.
Introduction
With the increasing prevalence of technology in schools and healthcare systems, there is a growing concern about how to ensure privacy and security of sensitive information. For instance, schools may require medical information to provide students with appropriate accommodations, while healthcare providers may need educational records to assess their patient’s overall health status. This article explores how HIPAA and FERPA interact with each other to protect student privacy and health information while recognizing the overlapping nature of these laws.
What are the exclusions for education records in HIPAA and FERPA?
Under normal circumstances, PHI is protected by HIPAA and cannot be shared without the patient’s express consent. However, there are some situations when HIPAA does not apply to PHI, one of which is when it involves educational records. Specifically, “an educational agency or institution that is subject to FERPA may maintain health information on students that is subject to HIPAA, but is not subject to the HIPAA Privacy Rule” (U.S Department of Education, 2018). That is, any educational institution that receives federal funding can be subject to FERPA regulations, which also permits it to disclose protected health information to authorized individuals without breach of HIPAA.
Similarly, FERPA prohibits schools from releasing students’ education records without proper authorization, but it may permit some exemptions. The statute provides a list of permissible exemptions, some of which involve disclosures that would otherwise violate HIPAA. For instance, “Statute or case law may require that the school disclose health or medical information about a student” (U.S Department of Education, 2018). In this case, the school can release the protected health information without violating FERPA.
Conclusion
HIPAA and FERPA both recognize that the health and privacy of individuals require protection, and they have established regulations to ensure that confidential information remains confidential. While there are few exceptions to HIPAA and FERPA, it is crucial for educational institutions and healthcare providers to remain mindful of the laws regulating the release of private information. By understanding the exclusions for education records in HIPAA and FERPA, they can ensure that they provide the right data to authorized individuals and remain compliant with legal requirements.
