FERPA-HIPAA Joint Guidance Issued
Each week, the Higher Education Center showcases recent developments in the field of AOD abuse and violence prevention in higher education that may include new data and resources, upcoming events and programs, funding opportunities, and learning opportunities. To see a listing of previous This Week! features, visit the This Week! archive.
December 4, 2008
In response to the Report to the President on Issues Raised by the Virginia Tech Tragedy, issued on June 13, 2007, the Departments of Education and Health and Human Services have issued 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.
The guidance addresses the interplay between FERPA and the HIPAA Privacy Rule at the elementary and secondary levels, as well as at the postsecondary level, and addresses many of the questions raised by school officials, health care professionals, and others regarding the applicability of these two laws to records maintained on students. It also addresses certain disclosures that are allowed without consent or authorization under both laws, especially those related to health and safety emergency situations. Understanding the law will empower school officials to act quickly and decisively when problems arise.
To ask questions about the issues raised in the joint guidance, please contact the Family Policy Compliance Office at FERPA@ED.Gov.