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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.
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. Go to article: |
  
InFocus Past Issues
2007
Issue 1: Adolescents and STDs (5/25/2007) 2006 Issue 1: Body Mass Index for Children (5/3/2006) 2005 Issue 2: The Autistic Child (8/11/2005) Issue 1: Children in Immigrant Families (2/25/2005) 2004 Issue 2: Bullying—Is It Part of Growing Up, or Part of School Violence? (12/15/2004) Issue 1: Nutrition and Obesity—What’s Ahead for School Food? (2/27/2004) 2003 Issue 2: What's Ahead in Medicaid for Children? (4/13/2003) Issue 1: The Other Health Privacy Law: What FERPA Requires of Schools (1/13/2003) 2002 Issue 5: Adolescent Depression and Mental Health Services (11/14/2002) Issue 4: Safeguarding Individual Health Privacy: A Review of HIPAA Regulations (8/27/2002) Issue 3: Debate Begins on Smallpox Vaccination (5/12/2002) Issue 2: Will Congress Have a Better IDEA? (4/12/2002) Issue 1: Supreme Court Takes on Issue of School Drug Testing (3/27/2002) 
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