FERPA & HIPAA Myth #1: Does HIPAA apply to schools?
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- Опубликовано: 11 сен 2024
- Education attorney John Comegno answers the question, “Does the Health Insurance Portability and Accountability Act apply to schools?”
Get answers to this and 4 other myths about FERPA and HIPAA: www.frontlinee...
Wait if I am paying for my kid to be tested with my money the school can obtain the results of my child’s test ?
Many healthcare providers work in schools, not just nurses (Occupational Therapists, Physical Therapists, Speech-Language Pathologists). I understand that FERPA applies to schools and not HIPAA, but you should have mentioned the confusion for these other healthcare providers in schools.
Agreed. I work with the above professionals you mentioned and, I myself am a special educator. We serve medically fragile individuals with a variety of disabilities most of which have 1:1 nursing funded through insurance. I as the teacher need to know medications, upcoming appointments/procedures and protocols for medicines, seizures etc. Where I work is always mentioning HIPAA so is this not always the situation?? Obviously my instance is different than the average classroom but this is somewhat confusing lol.
Huh?? Totally confusing?? Both should be applied.. considering the school want medical information about my child. I frankly don't think it's any of their business anymore! They're trying to tell me I have to provide a Dr slip on my child stating why she can't wear a mask! But I've seen lists saying what medical reasons don't count or matter and pretty much they are gonna force her to wear it anyways! That's not right!
This makes no sense. FERPA and HIPAA are similar but not interchangeable, depending on location. Yes, FERPA is for the protection of EDUCATIONAL records, so therefore schools will primarily use this law. However, HIPAA is for the protection of HEALTH records - which schools need, obtain, use, and keep on file!!!! These not only apply to all of the special needs children with chronic complex illnesses and disorders, but also all those with asthma, diabetes, seizure disorders, ADHD, autism, and even those who incur acute injuries and illness for which test results, doctor's visit notes, etc. ("health records") are sent in. When a student comes to the nurses office for any health related issue, speaks to the guidance counselor about an emotional disorder, or even has an asthma attack during gym class- these are ALL protected under HIPAA from being discussed with other members of the faculty or anyone else. These issues would not be covered under FERPA, as the records from these situations would have nothing to do with education performance/records. There is SOME information that is permitted or needed to be shared with faculty in specific cases. For instance, if a student has a chronic health condition that the teacher needs to be aware of signs and symptoms, should they develop, or in the case above -about needing a dr's note about why child can't wear mask. YES, the school needs that, and not protected by HIPAA, as it is information they need to have to prove the child is not able to follow their school policy. The schools can't just take everyone's word for it, they need to have things in writing to protect themselves. They would be stupid not to ask for proof the child is unable to wear a mask. If it's legit, than getting a dr's note for it should be easy peasy, quick and easy!
I completely disagree I think HIPAA should be in schools and places of work, if students or teachers are mocking,discrimination in any way of a disabled kid that should be a HIPAA violation same as if it was at any company and employees and customers are humiliating disabled worker that should be a HIPAA violation as well, HIPAA needs to protect disabled people outside of healthcare and in every area
HIPPA does not apply to humiliating disabled people. That could fall under the ADA. HIPPA is specifically about sharing medical information.