TeachME Professional Development

Joint Use of The Family Educational Rights and Privacy Act (FERPA) and HIPAA Privacy Act

Overview of FERPA

1. Private and religious schools at the elementary and secondary level generally receive some funds from the Department of Education and are, therefore, subject to the Family Educational Rights and Privacy Act (FERPA).

A. True B. False

2. Each of the following is a correct statement about 'education records' EXCEPT:

A. Educational records are directly related to a student, and maintained by an educational agency or institution or by a party acting for the agency or institution B. At the elementary or secondary level, a student's health records, well as records maintained by a school nurse, are "education records" subject to FERPA C. Records that schools maintain on special education students, including records on services provided to students under the Individuals with Disabilities Education Act (IDEa), are excluded from the definition of 'education records" D. At postsecondary institutions, medical and psychological treatment records are excluded from the definition of "education records" if they are made, maintained, and used only in connection with treatment of the student and disclosed only to individuals providing the treatment

Overview of HIPAA

3. HIPAA was enacted in 1996 by Congress to establish national standards and requirements for electronic health care transactions and to protect the privacy and security of individually identifiable health information.

A. True B. False

Frequently Asked Questions (FAQs)-Question 1

4. In general, the HIPAA Privacy Rule does not apply to elementary or secondary schools because the school is not a HIPAA covered entity or because the school does not have ______________ under HIPPA.

A. "Pertinent health information" B. "Protected health information" C. "Covered health information" D. "Required health information"

FAQ 2

5. Schools may disclose a student's health and medical information to teachers and other school officials, without written consent, if these school officials have "legitimate educational interests" in accordance with school policy.

A. True B. False

FAQ 3

6. If a school nurse is acting on behalf of the educational entity but is providing care to students off-site, the information is no longer protected under FERPA.

A. True B. False

FAQ 4

7. In exceptional cases, the education records of publicly placed students held by the private school would be subject to the HIPAA Privacy Rule, while the remaining student health records would be subject to FERPA.

A. True B. False

FAQ 8

8. If a teen is a minor, the HIPAA Privacy Rule generally allows a covered entity to disclose health information about the child to the child's parent, when the disclosure is not inconsistent with:

A. State or other law B. The student's wishes C. FERPA regulations D. None of the above

FAQ 7

9. 'Treatment records' under FERPA are:

A. Records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education B. Those made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity C. Records which are made, maintained, or used only in connection with the provision of treatment to the student D. All of the above

FAQ 8

10. Under FERPA, treatment records are available to professionals providing treatment to the student, to physicians or other appropriate professionals of the student's choice, and to the students themselves as requested.

A. True B. False

FAQ 13

11. Which of the following is NOT one of the circumstances in which a covered entity may disclose health information under HIPAA?

A. When it is necessary to prevent or lessen a serious and imminent threat to the health or safety of the patient or others B. When the disclosure is to a person who is reasonably able to prevent or lessen the threat C. When any law enforcement official requests such information D. When the disclosure is consistent with appicable law and standards of ethical conduct

FAQ 15

12. An individual who is both a student and an employee of a university at which the person receives health care would be protected under FERPA and excluded from coverage under the HIPAA privacy rule.

A. True B. False


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