Question
Our district has been hearing a lot about the impact of
the new Health Insurance Portability and Accountability Act (HIPAA)
regulations on school districts. Do districts have to take extra steps to
comply with HIPAA when dealing with students’ health records? Will HIPAA
affect districts in any other way?
Answer
For the purpose of keeping student records confidential,
if your school receives federal education funding, you must follow the
requirements of the Family Educational Rights and Privacy Act (FERPA),
rather than HIPPA, says Eric P. Stauffer, a Maine attorney with expertise in
privacy law. According to FERPA, “educational records” include students’ health
records that a school possesses or controls, such as vaccination records or
illness information, with very narrow exceptions. In federally funded schools
where FERPA applies, the HIPAA regulations don't apply to students' health
records, but may apply to staff members' health records.
But even for staff
records, the district needn't follow the HIPPA regulations unless it's also a
"covered entity". A district can be a covered entity as a provider only if
it handles health billing and related transactions electronically. It can
be a covered entity in certain circumstances if it operates a health plan for
its employees.
Complexity can arise if a distric is both a covered entity
under HIPPA and receives federal funds, says Stauffer. In such a case, the
district will need to comply with FERPA for students' records.
Also, HIPPA may make it more burdensome for districts to get students' health
care records from doctors or other providers who must comply with HIPPA.
Before releasing student health records, physicians or practitioners-out of
abundant caution-may require a HIPPA patient authorization in addition to the
parental consent that the district may have already obtained to comply with
FERPA, says Stauffer.
Talk to your attorney if you have questions about
whether you're a covered entity or if you need more information about complying
with HIPPA. We'll keep you updated in future issues.
