Protecting Student Health Information - PowerPoint Presentation

Protecting Student Health Information HIPAA vs FERPA Karen Erwin, RN, MSNEducation School Nurse ConsultantJuly, 2014

HIPAA-Health Insurance Portability and Accountability Act 1996, Public Law 104-191Initially developed to protect insurance coverage for those who had lost or changed jobs – Prevented denial of health insurance by new insurer based on preexisting medical conditionsIntended to ensure that an “personally identifiable information” (PII) is appropriately protected HIPAA

Student’s nameStudent’s parent/guardian or other family member namesStudent’s or family’s address Personal identifies, such as social security, student ID number, etc.Personally Identifiable Information (PII)

Other direct identifiers, i. e. student’s DOB, place of birth, and mother’s maiden nameOther information that, alone or in combination, is linked or linkable to a specific person PII

Prior written consent for sharing PII requiredConsent includes 1. Specific records to be disclosed 2. Purpose of disclosure stated 3. Party or class of parties to whom disclosure may be made are identifiedHIPAA

Does HIPPA privacy rules allow a healthcare provider to disclose PHI about a student to a school nurse or physician?2008 USDHHS ruling: Yes. The HIPAA Privacy Rule allows covered health care providers to disclose PHI about students to school nurses, physicians or other health care providers for treatment purposes, without the authorization of the student or student’s parents HIPPA and school nurses

HIPAA Privacy rule does provide for individually identifiable health information to be shared when necessary to support quality healthcare and to protect public’s health Example: Student Immunization Records, where state laws require immunizations for entry into school

FERPAFamily Educational Rights and Privacy Act (FERPA) Enacted in 1974 to protect student education recordsApplies to all public and private schools that accept federal funds

Records directly related to a student and maintained by the educational agencyStudent health records included in Cumulative FolderSpecial Education records What are Education Records?

Supportive Services Documents (school nursing notes related to specific office visit) Except for electronically billed statements, student health records in the educational setting are exempt from HIPAA What are Education Records?

Includes anything that enables a student (especially one with special healthcare needs to: 1. Attend school 2. Maintain (or improve) health status during school day 3. Progress toward independence in self-care 4. Achieve educational success FERPA Related/Supportive Services

Required School FormsPreventative Health ExamsImmunization history Dental exam/screeningVision ExamResults of health prevention screenings (vision, hearing (required) and BMI (optional)Medication Administration RecordContents for Cumulative Record

Health office visits Parental Consent for health services Communication (written or by phone) with parent and/or health care providerRetain records 6 years after student leaves school district then destroy (# L2352 Student Cumulative Health Record, KY Local Agency Retention Schedule, Public School District Student Records, 2014)Student Cumulative Record

Educational recordsNurse’s personal notes What not to include in student health record

If keeping a health room log, only enter date, time and name of student, time of discharge (all other info such as C/O, treatment, etc. PII)Record student visit into individual health record and destroy log No sticky notes from school staffWhen day is over, place log in secure locationThings to Remember

NASN School Nursing: A comprehensive Text, 2nd Edition (2013) Ch 9, pp226-235 U.S. Department of Education, The Privacy of Student Information, A Resource for Schools www.nces.ed.bov/pubs/2006/stu_privacy/ferpa.aspRecources

Karen Erwin, KDE School Nurse Consultant Karen.Erwin@education.ky.govSandi Clark, KY DPH School Health Nurse Consultant Sandi.Clark@ky.govContact Information