Reader's Comments
Reader's Comments
The Other Health Privacy Law: What FERPA Requires of Schools
Joan Thackaberry e-mailed:
As a school nurse working in a private school setting, I wonder how FERPA and HIPAA apply to a non-profit independent school that does not receive federal funds. I look forward to your reply.
Editor's reply: (1/13/03)
In response to your inquiry, the preamble to December 2000 final regulations for HIPAA says in part: "If a school does not receive federal funds, it is not an educational agency as defined by FERPA. Therefore, its records that contain individually identifiable health information are not education records. These records may be protected health information. The educational institution or agency that employs a school nurse is subject to our (HIPAA) regulation as a health care provider if the school nurse or the school engages in a HIPAA transaction.
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The Other Health Privacy Law: What FERPA Requires of Schools