December 2019 FERPA/HIPPA Guidance
Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) And the Health Insurance Portability and Accountability Act of 1996 (HIPAA) To Student Health Records Download the PDF: CLICK HERE to download the PDF This document is on how best to handle FERPA/HIPAA data transfers in school settings. This document should be widely shared, as it is several federal agency’s work to clarify the legal process of aligning data sharing appropriately. #gove
Does the HIPAA Privacy Rule apply to an elementary or secondary school?
Generally, no. In most cases, the HIPAA Privacy Rule does not apply to an elementary or secondary school because the school either: (1) is not a HIPAA covered entity or (2) is a HIPAA covered entity but maintains health information only on students in records that are by definition “education records” under FERPA and, therefore, is not subject to the HIPAA Privacy Rule. The school is not a HIPAA covered entity. The HIPAA Privacy Rule only applies to health plans, health car
