How does HIPAA apply to students education records?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a law passed by Congress intended to establish transaction, security, privacy, and other standards to address concerns about the electronic exchange of health information. However, the HIPAA Privacy Rule excludes from its coverage those records that are protected by FERPA at school districts and postsecondary institutions that provide health or medical services to students [Treatment records, with strict exceptions involving written consent of student and health and safety questions*]. This is because Congress specifically addressed how education records should be protected under FERPA. For this reason, records that are protected by FERPA are not subject to the HIPAA Privacy Rule and may be shared with parents under the circumstances described above. In all of our programs here at the Department of Education, we consistently encourage parents’ involvement in their children’s education. FERPA is no exception. Whi
