In the U.S., two major laws—FERPA (Family Educational Rights and Privacy Act) and HIPAA (Health Insurance Portability and Accountability Act)—govern the privacy and security of student medical records. While both are critical for protecting sensitive information, their application in schools can be complex and context-specific. Understanding the differences, overlaps, and implications of FERPA and HIPAA helps parents, students, and schools ensure compliance and safeguard privacy.
This guide provides a detailed breakdown of FERPA and HIPAA, including their relevance to medical records in schools, practical examples, and actionable steps for compliance.
What Is FERPA?
Overview of FERPA
FERPA is a federal law that protects the privacy of student education records, including health-related information maintained by schools. It applies to all schools receiving funding from the U.S. Department of Education.
Key Provisions:
- Parents (or eligible students aged 18 or older) have the right to access and correct records.
- Schools must obtain written consent before disclosing personally identifiable information (PII), except under specific circumstances, such as emergencies.
When Does FERPA Apply to Medical Records?
FERPA applies to medical records maintained by:
- School nurses.
- Athletic trainers.
- Special education teams managing IEPs (Individualized Education Plans) or 504 plans.
These records are part of the student’s education record if they are stored by the school and used for educational purposes.
Example: A school nurse’s log of medications administered to a student is covered under FERPA.
What Is HIPAA?
Overview of HIPAA
HIPAA governs the privacy and security of health information managed by healthcare providers, insurers, and other entities. It aims to protect protected health information (PHI) from unauthorized access or breaches.
When Does HIPAA Apply in Schools?
HIPAA generally does not apply to student medical records maintained by schools, as these records are covered under FERPA. However, HIPAA may apply if:
- The school operates an on-site healthcare clinic or contracts with outside healthcare providers.
- The healthcare entity bills insurance electronically.
Example: A school-based health clinic operated by a local hospital must comply with HIPAA.
Differences Between FERPA and HIPAA
|
Aspect |
FERPA |
HIPAA |
|
Scope |
Education records, including medical information. |
Healthcare records handled by medical entities. |
|
Application |
Schools receiving federal funding. |
Healthcare providers billing electronically. |
|
Access Rights |
Parents and eligible students. |
Patients or their legal guardians. |
|
Disclosure Without Consent |
Allowed in emergencies or specific educational needs. |
Allowed for treatment, payment, or operations. |
When FERPA and HIPAA Overlap
Hybrid Entities
Some organizations, such as universities with hospitals, may operate as hybrid entities under both FERPA and HIPAA. These institutions must:
- Distinguish between education records (FERPA) and healthcare records (HIPAA).
- Apply the correct privacy standards based on the type of record.
Emergency Situations
Both FERPA and HIPAA allow the sharing of health information without consent during emergencies to protect the health or safety of students or others.
Example: A school nurse can share information about a student’s allergies with emergency responders without violating FERPA.
Responsibilities of Schools
Under FERPA
Schools must:
- Maintain secure systems for storing medical records.
- Train staff on FERPA compliance, including proper handling of health-related information.
- Limit access to medical records to authorized personnel.
Under HIPAA
Healthcare entities operating within schools must:
- Encrypt electronic health records to prevent breaches.
- Provide HIPAA training for all staff handling medical records.
- Ensure patients can access and correct their PHI.
Parents’ and Students’ Rights
Under FERPA
Parents and eligible students have the right to:
- Access medical records maintained by the school within 45 days of a written request.
- Request corrections to inaccurate or misleading information.
- Control the disclosure of health-related PII.
Under HIPAA
Patients (or their legal guardians) have the right to:
- Receive copies of their PHI in electronic or paper format.
- Request corrections to errors in their health records.
- Be informed of how their health information is used or shared.
Common Challenges and Solutions
|
Challenge |
Solution |
|
Determining Which Law Applies |
Confirm whether records are stored by the school or a healthcare provider. |
|
Emergency Information Sharing |
Document disclosures made during emergencies to justify compliance. |
|
Staff Confusion Over Policies |
Provide regular FERPA and HIPAA training sessions for school staff. |
Practical Steps for Compliance
For Schools
- Implement role-based access controls to limit who can view medical records.
- Develop clear policies for handling health-related emergencies.
- Use secure storage systems for both paper and electronic records.
For Parents
- Ask schools to clarify whether FERPA or HIPAA applies to your child’s medical records.
- Submit written consent forms when necessary to authorize information sharing.
- Monitor the accuracy of your child’s health and education records.
Relevant Resources
Government Guidelines
- FERPA Overview: U.S. Department of Education.
- HIPAA Guidelines: U.S. Department of Health and Human Services.
State-Specific Privacy Laws
Many states have additional privacy protections for students. Check with your state’s Department of Education or Health for details.
Conclusion
FERPA and HIPAA play vital roles in safeguarding the privacy of medical records in schools, but understanding their differences and applications is crucial. Whether you’re a parent seeking access to your child’s records or a school administrator ensuring compliance, knowing which law applies and following best practices can simplify the process and protect everyone involved. For assistance in accessing, organizing, or securely sharing medical records, visit MedicalRecords.com. We make it easy to manage your family’s health information with confidence and privacy.