Department of Education (DOE) and Health and Human Services (HHS) Issue Joint Guidance on Privacy Protection for Student Health Records
December 10, 2008

Department of Education (DOE) and Health and Human Services (HHS) Issue Joint Guidance on Privacy Protection for Student Health Records

On November 25th, DOE and HHS released joint guidance regarding how the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) relate to one another and how they apply to the privacy of student records maintained by schools. The guidance categorizes “educational records,” “treatment records,” and “personal health information” and defines what type of student information is considered in each category. Additionally, the guidance provides examples of institutions and actions subject to each of the laws, delineates when different portions of the laws are applicable, and denotes proper methods for disclosure of information. 

The guidance is available for review at:
http://www.hhs.gov/ocr/hipaa/HIPAAFERPAjointguide.pdf