When schools share students’ protected health information (PHI), sometimes it can be confusing to know whether the Family Educational Rights and Privacy Act (FERPA) or Health Insurance Portability and Accountability Act (HIPAA) applies.
The two Federal laws cannot pertain to the same record at the same time, so if FERPA applies HIPAA does not and vice versa. But how do schools know whether the transmission of their student health records should be FERPA or HIPAA compliant?
When health records are subject to FERPA
In most cases, FERPA applies to schools unless the provider of healthcare is a health plan, healthcare clearinghouse, or healthcare provider who electronically transmits health information. However, even in this case, many schools aren’t required to be HIPAA compliant if the school maintains health information only in student health records that are considered education records under FERPA.
In this scenario, the school has to comply with FERPA’s privacy requirements. This includes the requirement to obtain parental consent to disclose billing information about a service provided to a student.
When health records are subject to HIPAA
In the event that a school employs a healthcare provider who electronically shares PHI, such as submitting healthcare claims to a health plan for payment, the school must be HIPAA compliant.
The range of healthcare providers covered by HIPAA includes:
- Clinical social workers
- Other medical and mental health practitioners
- Organizations that present bills or are paid for healthcare in the normal course of business
Even if the school-based provider uses an offsite billing service to transmit electronic records it is not exempt from HIPAA. Tools like Paubox’s HIPAA compliant encrypted email can integrate with a school’s existing IT infrastructure to provide a seamless and secure email solution.
Whether FERPA or HIPAA applies to a school’s health information, these laws are in place to protect student’s privacy. Electronic transmission of PHI requires adequate safeguards to ensure that it’s shared without unwarranted disclosure. Organizations that are non-compliant can face stiff penalties and fines, including for workforce violations.