TAILIEUCHUNG - Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) And the Health Insurance Portability and Accountability Act of 1996 (HIPAA) To Student Health Records

This guideline is an update of the previous Guideline on In- fant Oral Health Care, revised in 2009. This revision included a hand search of literature as well as a new search of the MEDLINE/PubMed ® electronic database using the following parameters: Terms: “infant oral health”, “infant oral health care”, and “early childhood caries”; Fields: all; Limits: within the last 10 years, humans, English, and clinical trials. Papers for review were chosen from the resultant list of 449 articles and from references within selected articles. When data did not appear sufficient or were inconclusive, recommendations were based upon expert and/or consensus opinion by experienced researchers and clinicians | . Department of Health and Human Services . Department of Education Joint Guidance on the Application of the Family Educational Rights and Privacy Act FERPA And the Health Insurance Portability and Accountability Act of1996 HIPAA To Student Health Records November 2008 Contents I. Introduction. 1 II. Overview of FERPA. 1 III. Overview of HIPAA. 2 IV. Where FERPA and HIPAA May Intersect. 3 V. Frequently Asked Questions and Answers. 3 1. Does the HIPAA Privacy Rule apply to an elementary or secondary school 2. How does FERPA apply to health records on students maintained by elementary or secondary schools 3. Does FERPA or HIPAA apply to elementary or secondary school student health records maintained by a health care provider that is not employed by a school 4. Are there circumstances in which the HIPAA Privacy Rule might apply to an elementary or secondary school 5. Where the HIPAA Privacy Rule applies does it allow a health care provider to disclose protected health information PHI about a troubled teen to the parents of the teen 6. Where the HIPAA Privacy Rule applies does it allow a health care provider to disclose protected health information PHI about a student to a school nurse or physician 7. Does FERPA or HIPAA apply to records on students at health clinics run by postsecondary institutions 8. Under FERPA may an eligible student inspect and review his or her treatment records 9. Under FERPA may an eligible student s treatment records be shared with parties other than treating professionals 10. Under what circumstances does FERPA permit an eligible student s treatment records to be disclosed to a third-party health care provider for treatment 11. Are all student records maintained by a health clinic run by a postsecondary institution considered treatment records under FERPA 12. Does FERPA or HIPAA apply to records on students who are patients at a university hospital 13. Where the HIPAA Privacy Rule applies does it permit a health care provider to .

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