Health Information & Privacy: FERPA and HIPAA

What to know

Health information is regulated by different federal and state laws, depending on the source of the information and the entity entrusted with the information.

FERPA and HIPAA: Health Information & Privacy

Highlights

The Family Educational Rights and Privacy Act (FERPA) and Health Insurance Portability and Accountability Act of 1996 (HIPAA) are federal laws. FERPA and HIPAA regulate privacy and the exchange of specific types of information. The work of healthcare providers, school personnel, and others often intersects with FERPA and HIPAA. It's important to understand these laws and know when they apply.

Glossary

  1. Permitted disclosure means the information can be, but is not required to be, shared without individual authorization.
  2. Protected health information or individually identifiable health information includes demographic information collected from an individual and 1) is created or received by a healthcare provider, health plan, employer, or healthcare clearinghouse and 2) relates to the past, present, or future physical or mental health or condition of an individual; the provision of healthcare to an individual; or the past, present, or future payment for the provision of healthcare to an individual; and (i) That identifies the individual, or (ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.

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