HIPAA 1996 Health Insurance Portability and Accountability Act
Conflict National Association of School Nurses (NASN): because school health records are maintained by employees, the records are subject to FERPA National Committee for Vital and Health Statistics (NCVHS): health records fall under the category of “entities not covered” Federal funding? Probably subject to FERPA
School Based Health Centers Not governed by FERPA –Administered by HIPAA covered-entities –Employed by agency other than a school district –Engage in certain electronic transactions
Correlations of FERPA and HIPAA Same fundamental ethical and legal principles School divisions can utilize HIPAA to ensure records meet FERPA and HIPAA standards for transference of information Guidelines currently being developed –American School Health Association –NASN –National Association of State School Nurse Consultants –Etc..
Seeking Clarification? Check out the VDOE website to see current VA law statutes
Required Consent HIPAA: School-based health centers follow state regulations that allow consent of certain treatments without parental consent FERPA: minors do not have the right to consent to their own treatment, according to federal and state law
Personal Notes Jogging the memory For your eyes only Don’t share, or they might become records
You Would Have Known It Anyway Jensen v. Reeves –Well-known incidents Frasca v. Andrews –Yearbooks, newspapers, etc.
Not for Isolated Incidents of Released Information Daniel S. v. Board of Education of York Community High School Not every piece of information is protected by FERPA
Non-Identifiable Information Bowie v. Evanston Community Consolidated School District #65 –Portions of record not including FERPA information (such as names) can be used Kryston v. Board of Education, East Ramapo Central School District Standardized test scores released under certain circumstances
Defense Attorneys Ibata v. Board of Education of Edwardsville Community Unit, School District No. 7 –Attorneys can look at student records in defense of a school system
Can Only Amend Certain Information U.S. Department of Education: –Don’t reflect what grader intended or mathematically incorrect –Can’t change a disciplinary decision –Can’t change the opinions of others