FERPA - HIPPA
Rita Albert
Good Morning and Happy Friday,
I know we have discussed the FERPA vs HIPAA debate for many many years, however I would like to run something by our group.
I recently met with the legal compliance team at my university and was told that the treatment records of my students/patients, that I have always protected under HIPAA, are now able to be shared for “internal communication”, only as part of their educational record under FERPA. (Especially if the request is related to their academics).
I will share a recent scenario:
We have a student that was academically dismissed and now the parent is saying that her daughter was seen in the clinic over three times and was misdiagnosed. So naturally I looked in to the matter. It turns out that she was seen twice, treated appropriately and not misdiagnosed.
Now the VP is requesting documentation, according to FERPA the information will be shared internally so it can be disclosed. I understand that, however I can’t imagine that FERPA supersedes our licensing governing bodies.
Please send me your thoughts. I am curious as to what other institutions are doing especially small privates.
Thank you,
Rita Albert
Rita Albert
Registered Nurse
Director, Health Center
Division of Student Affairs
Lynn University
3601 North Military Trail
Boca Raton, FL 33431
This email is intended for the designated recipient only, and may be confidential, non-public, proprietary, protected by the attorney/client or other privilege. Unauthorized reading, distribution, copying or other use of this communication is prohibited and may be unlawful. Receipt by anyone other than the intended recipients should not be deemed a waiver of any privilege or protection. If you are not the intended recipient or if you believe that you have received this email in error, please notify the sender immediately and delete all copies from your computer system without reading, saving, or using it in any manner. Although it has been checked for viruses and other malicious software, malware, we do not warrant, represent or guarantee in any way that this communication is free of malware or potentially damaging defects. All liability for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt, opening or use of this email is expressly disclaimed.