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SCHOOL LAW


Privacy Rules for Health Information
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HIPAA Act, FERPA Act and Student Health Records

The purpose of this document is to explain the relationship between the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, and to address apparent confusion on the part of school administrators, health care professionals, and others as to how these two laws apply to records maintained on students.

Download this report as a PDF HERE

It also addresses certain disclosures that are allowed without consent or authorization under both laws, especially those related to health and safety emergency situations. While this guidance seeks to answer many questions that school officials and others have had about the intersection of these federal laws, ongoing discussions may cause more issues to emerge.

This report, issued in November 2008, was compiled by the U.S. Departments of Education and Health and Human Services.

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