HIPAA/FERPA Resources*

HIPAA and FERPA are both federal laws designed to protect the privacy and security of individuals. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) applies to the healthcare industry where the Family Educational Rights and Privacy Act of 1974 (FERPA) applies to the education industry.

HIPAA provides privacy and security for protected health information (PHI). FERPA is in place to protect the privacy of student education records and designates rights for students and their parents. According to the Department of Education, education records include such information as academic report cards, transcripts, class schedules, disciplinary records, contact information, and family information.

Joint HIPAA/FERPA Form example for Michigan - sample consent for access to student records

An example of consent to share information form. Check with your individual LEA, ISD and/or Service Providing Agency for specific guidance.

Student Privacy - FERPA and Virtual Learning During COVID-19 webinar by Student Privacy Policy Office (SPPO) distilled most of the questions into 10 common scenarios and questions about
FERPA. For each scenario, they identify key FERPA requirements and takeaways and other questions to consider for best practices. Also includes a listing of other available resources at the end of presentation.


  ● Webinar Recording                                              Webinar Slide Deck

FERPA and Virtual Learning webinar slides


Additional related resources on the website include the following:


Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to Student Health Records

 


HIPAA Specific Support:
Permitted Uses and Disclosures: Exchange for Public Health Activities

Medicaid and Children's Health Insurance Program resources:

 

More information can be found on the Student HIPAA/FERPA Consent page.

* HIPAA - Health Insurance Portability and Accountability Act is a federal law designed to provide privacy standards to protect patients' medical records and other health information provided to health plans, doctors, hospitals and other health care providers.


* FERPA - The Family Educational Rights and Privacy Act is a federal law that gives parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records.