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393685 tn?1425812522

Health record LAWS

Does anyone know the laws of releasing medical records to a legal guardian of a child in an educational setting?

Example - if a parent came in inquiring about a certain incident on their child -  Can the school release the incident information without breaking any rules of confidentiality? Can the school provide the written documentation of the incident to the parent?
11 Responses
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676032 tn?1315674063
In my opinion, Id say ya (Only guessing now) As the child isn't over 18 then the parent/gaurdian have the right to the records! Thats the way it is over here anyway.
Helpful - 0
393685 tn?1425812522
Does anyone also know the actual way to retrieve the government laws of administering medications in an educational enviroment?

Who particularly are the people ( BY LAW) that are to be giving the meds?

sorry - not thyroid... but needed ...
Helpful - 0
393685 tn?1425812522
Thanks Jennifer

But I am looking for constituted information on actual proof the parents are able to obtain Health Record documentation ( i.e. notes of incident)  information without breeching confidential guidelines.

Especially in a educational setting.

Again - thank you so much for replying.
Helpful - 0
487969 tn?1249313291
Your school policy and procedure should have the information in the handbook and probably would contained the reference on the actual law (in Louisiana its the Code of Civil Procedure).  Additionally, in my kid's elementary school, children that receive medication during school hours have certain thing the parents have to do.  The doctor must hand write insturctions (that cannot be a copy, has to be original) and to avoid the need for medication to be in the hands of the child, the parents are required to get an additional prescription to be left at school. As far as incident reporting, I found this:

The Family Educational Rights and Privacy Act (FERPA) is a federal law that governs the maintenance of student records.  It goes on to say "Under that law, parents or guardians of students, or students if they are at least 18 years of age, have both the right to inspect records kept by the school about the student and the right to challenge alleged inaccuracies in the records. Access to the records by persons other than the parent, guardian or student is limited and generally requires prior consent by the parent, guardian, or student."

I think in this setting, you would have to see if your school has adopted the FERPA Act.

Hope that helps Stella!
Helpful - 0
487969 tn?1249313291
I found the page on the act by typing in The Family Educational Rights and Privacy Act.  It states (I copied and pasted):

GENERAL
Family Educational Rights and Privacy Act (FERPA)


Family Policy Compliance Office (FPCO) Home

  
  
More Resources  




Final FERPA Regulations (Dec. 9, 2008)
   PDF (296K)
  




Dear Colleague Letter about 12/09/08 Final Regulations  




Section-by-Section Analysis of Regulations
   PDF (68K)
  




Comments Sought on State Auditor Issue  



  
  

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."


Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;

Other schools to which a student is transferring;

Specified officials for audit or evaluation purposes;

Appropriate parties in connection with financial aid to a student;

Organizations conducting certain studies for or on behalf of the school;

Accrediting organizations;

To comply with a judicial order or lawfully issued subpoena;

Appropriate officials in cases of health and safety emergencies; and

State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

Or you may contact us at the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920

Helpful - 0
Avatar universal
Dont know if it helps or applies in USA but here in Oz, you have to apply under the 'Freedom of Information' for ANY info on a child of yours.
The Department involved then has 28 days to comply with the request.
BUT...it does not by any means, mean they will get the info.
Normally the info is forwarded to the appropriate authority..ie: Doctor.
This is where the Childs Doctor then has the right or refusal to release the information the parents have requested.

May not apply in USA though.
Helpful - 0
393685 tn?1425812522
HmMMM

FERPA - Most written on that ( BTW Thanks "mommy" ) is compliance on "educational" records........... i.e. grades - discpl - credits - tests scaore - etc.......

I am wondering if that appiles to "medical " records as well.

DEB - I know we here have certain things like teen pregnancy and such that does NOT have to be disclosed by a physician ( I think that is wrong when dealing with a minor)

BUT - that is more of a HIPPA law - whcih I was discussing earlier.

See......... the two blend so commonly - but nothing found particularly states - parent can - or - cannot get medical "notes" on their biological or guardianed children.

There should be no question that if a parent steps into a school and wants to see something on their own children - a school should quesion compliance of that request.

Did FERPA have contact information?

I don't see it mommy -

please PM me with that if you find out.
Helpful - 0
487969 tn?1249313291
Here's the FERPA contact---

For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

Or you may contact us at the following address:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920


Helpful - 0
393685 tn?1425812522
OK no go on FERPA

read below

Records Not Considered As Educational Records

The following items are not considered educational records under FERPA:

Private notes of individual staff or faculty; (NOT kept in student advising folders)
Campus police records;

Medical records;  ( TAA  DA -- not applied in the laws) good try Mommy)

Statistical data compilations that contain no mention of personally identifiable information about any specific student.
Helpful - 0
487969 tn?1249313291
Here's some additional--   http://www.bricker.com/LegalServices/industry/hcare/ealerts/rc/rc16.asp

December 5, 2008
New Guidance Released on the Application of HIPAA and FERPA to Student Health Records  


On November 25, 2008, the U.S. Department of Health and Human Services and U.S. Department of Education released joint guidance on the application of HIPAA and FERPA to student health records. The guidance was issued to explain the relationship between the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule and “to address apparent confusion on the part of school administrators, health care professionals, and others as to how these two laws apply to records maintained on students.”

Hospitals are, of course, familiar with HIPAA. FERPA is a federal law that protects the privacy of the “education records” of students. FERPA applies to educational agencies and institutions that receive funds under any program administered by the U.S. Department of Education, which includes virtually all public schools and school districts and most private and public postsecondary institutions, including medical and other professional schools. FERPA also contains rules regarding some “treatment records” of students. When a school provides health care to students in the normal course of business, such as through a health clinic, it is also a “covered entity” under HIPAA if the school also conducts any covered transactions electronically in connection with that health care. Thus, FERPA and HIPAA can intersect often for schools. However, “education records” and “treatment records” covered by FERPA are excluded from coverage under the HIPAA Privacy Rule.

The new guidance sets forth a series of Frequently Asked Questions with explanations of how HIPAA and FERPA apply and interact in various scenarios involving schools and student health records. The new guidance will primarily be of benefit to schools and school administrators. However, the new guidance contains explanations on several topics directly relevant to hospitals.

Hospital-Staffed School Clinics. Many hospitals have arrangements with schools to staff school clinics or to provide clinical services (such as immunizations) on school grounds. In such situations, which law applies depends on whether or not the hospital or hospital staff provides medical services under a contract or employment arrangement or is otherwise acting on behalf of the school. If so, FERPA applies to the records from such services. If not, HIPAA applies to the records from such services. The related FAQ from the new guidance on this topic states:


Question: Does FERPA or HIPAA apply to elementary or secondary school student health records maintained by a health care provider that is not employed by a school?


Answer: If a person or entity acting on behalf of a school subject to FERPA, such as a school nurse that provides services to students under contract with or otherwise under the direct control of the school, maintains student health records, these records are education records under FERPA, just as they would be if the school maintained the records directly. This is the case regardless of whether the health care is provided to students on school grounds or off-site. As education records, the information is protected under FERPA and not HIPAA. [Emphasis added.]

Some outside parties provide services directly to students and are not employed by, under contract to, or otherwise acting on behalf of the school. In these circumstances, these records are not “education records” subject to FERPA, even if the services are provided on school grounds, because the party creating and maintaining the records is not acting on behalf of the school. For example, the records created by a public health nurse who provides immunization or other health services to students on school grounds or otherwise in connection with school activities but who is not acting on behalf of the school would not be “education records” under FERPA . . . .

With respect to HIPAA, even where student health records maintained by a health care provider are not education records protected by FERPA, the HIPAA Privacy Rule would apply to such records only if the provider conducts one or more of the HIPAA transactions electronically, e.g., billing a health plan electronically for his or her services, making the provider a HIPAA covered entity.


Schools' Treatment Records Disclosed to Hospitals or Physicians. Can a school disclose student treatment records to a hospital or physician? And if such a disclosure is made, does FERPA or HIPAA apply to those records when maintained by the hospital or physician? The new guidance provides the following FAQ to answer these questions:


Question: Under what circumstances does FERPA permit an eligible student’s treatment records to be disclosed to a third-party health care provider for treatment?


Answer: An eligible student’s treatment records may be shared with health care professionals who are providing treatment to the student, including health care professionals who are not part of or not acting on behalf of the educational institution (i.e., third-party health care provider), as long as the information is being disclosed only for the purpose of providing treatment to the student. In addition, an eligible student’s treatment records may be disclosed to a third-party health care provider when the student has requested that his or her records be “reviewed by a physician or other appropriate professional of the student’s choice.” See 20 U.S.C. § 1232g(a)(4)(B)(iv). In either of these situations, if the treatment records are disclosed to a third-party health care provider that is a HIPAA covered entity, the records would become subject to the HIPAA Privacy Rule [as maintained by that provider]. The records at the educational institution continue to be treatment records under FERPA, so long as the records are only disclosed by the institution for treatment purposes to a health care provider or to the student’s physician or other appropriate professional requested by the student. [Emphasis added.]

If the disclosure is for purposes other than treatment, an eligible student’s treatment record only may be disclosed to a third party as an “education record,” that is, with the prior written consent of the eligible student or if one of the exceptions to FERPA’s general consent requirement is met.. . . .


University Hospitals. Many universities operate hospitals. Generally, HIPAA – not FERPA – will apply to all treatment records of hospital services even when provided to students. But, student clinic services (as opposed to general hospital services) provided by a university-run student health clinic will be subject to FERPA, not HIPAA. The following FAQ from the new guidance explains:


Question: Does FERPA or HIPAA apply to records on students who are patients at a university hospital?

Answer: Patient records maintained by a hospital affiliated with a university that is subject to FERPA are not typically “education records” or “treatment records” under FERPA because university hospitals generally do not provide health care services to students on behalf of the educational institution. Rather, these hospitals provide such services without regard to the person’s status as a student and not on behalf of a university. Thus, assuming the hospital is a HIPAA covered entity, these records are subject to all of the HIPAA rules, including the HIPAA Privacy Rule. However, in a situation where a hospital does run the student health clinic on behalf of a university, the clinic records on students would be subject to FERPA, either as “education records” or “treatment records,” and not subject to the HIPAA Privacy Rule
Helpful - 0
393685 tn?1425812522
I am so tired tonight I am double vision reading.

Mommy - Leman's terms... if you see it --  Does the parent have the right to get a copy of any electronic visits the student makes to the nurse's office?

I just can't see

Also I did find a contact and called - of course left a message - but I did ask my direct question.
Helpful - 0
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