HIPAA/FERPA
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Sharing your child's health information with and between health providers
is an important part of the medical home concept, especially when several
specialists are caring for your child. With access to all information, your doctors
can make the best decisions, avoid duplication of tests and services, and minimize
the risks. Other providers can be sure that their services are consistent with the
overall plan and can work with your medical home to make sure your child gets the
best care possible.
You, as a health care consumer and a parent, have the right to control
where your child’s health information goes, and the responsibility to make sure it
is available to those who need it. In general, you should also try to limit access
to your child's medical information to only those people who need it to provide
care, to work with your providers (e.g., schools), or to provide funding/payment
(e.g., insurance companies, Social Security, etc.). It is important to be careful
about how the information is shared—sending records by fax or email may not be the
safest way unless you are sure the fax will only be seen by the right people or that
the email is appropriately encrypted. Federal legislation (HIPAA) has mandated
certain protections for health information.
What is HIPAA? And why is it important?
The Health Information Portability and Accountability Act
(HIPAA) was established by the U.S. Department of Health and Human
Services (HSS) in 1996. This national set of privacy regulations limits the ways
that health plans, pharmacies, hospitals, doctors, and other "covered entities" can
use patients' personal medical information. The regulations govern sharing of any
information about health status, provision of health care, or payment for health
care that can be linked to an individual—"protected health
information."
Listed below are some frequently asked questions about children's health
care needs. Answers have been summarized from the Health and Human Services web
site. For more detailed information, see Health Information Privacy (HHS) or HIPAA Frequently Asked Quesions: Personal Representatives and Minors.
How does HIPAA affect the confidentiality of my child's medical records?
The privacy regulations prevent personal medical information from
being given, without your permission, to an outside entity for purposes
unrelated to your child's health care, such as a life insurer, a bank, or a
marketing firm.
Do my child's doctors need my permission to share information with each other?
No, but the HIPAA Privacy Rule permits a health care provider to
disclose protected health information about an individual, without the
individual's authorization, to another health care provider for treatment of the
individual. Health care providers are required by HIPAA to take all needed
precautions in sharing information in a confidential manner. But it can be very
helpful to providers when parents are proactive in granting written permission
to communicate with other providers and, particularly, with schools and mental
health providers. Many people (including providers and their staff) don't fully
understand HIPAA and may not be willing to communicate without permission from
you, even when it would be perfectly legal and in your child's best interest.
Are parents entitled to copies of their child's medical records?
Patients and their parents should be able to get copies of their
medical records and ask for corrections if they find errors and mistakes. Health
plans, doctors, hospitals, clinics, nursing homes and other covered entities
generally should provide access to these records within 30 days of request and
may charge patients for the cost of copying and sending the records.
What happens when I sign information release forms?
Most doctors and other providers will ask you to sign a "release form"
giving them permission to share information with other providers, facilities,
schools, etc. Examples of such forms can be found below under "Tools." These
forms usually allow you to specify details about when, where, how much and how
long your medical records may be shared.
Can I fax or email medical information?
Yes, but it is a good idea to ask if these methods are protected for
confidentiality.
What about communicating with my child's school personnel
Sharing health information with and from schools and school personnel
is governed by yet another law, the Family Educational Rights and
Privacy Act (FERPA), which is even more restrictive than HIPAA.
Special forms will be needed to grant school personnel permission to share
information. See Family Educational Rights and Privacy Act (FERPA) (USDOE), the Portal's
School Types and Options section,
and the Medical Home - School Information Release Form (
49 KB).
49 KB).
What is FERPA and why is it important?
Family Educational Rights and Privacy Act (FERPA) (USDOE) is a
Federal law that protects the privacy of public school student education records.
The FERPA law does not apply to private schools. FERPA gives parents or guardians
rights about their children’s education records. These rights become the student’s
rights when the student:
- Turns age 18
- Starts school beyond the high school level, like college, even if the student is under age 18.
FERPA gives parents and eligible students the right to:
- Look at all the student's education records kept by the school
- Ask that the school correct records if something isn't accurate
Health Information in Education Records: HIPAA or FERPA?
Health information contained in a medical record is protected by
HIPAA. Health information given to anyone in the school goes into the student’s
education record. Once it’s in the education record, it’s protected by FERPA,
not HIPAA. Information should be kept in a secure place and only shared on a
need-to-know basis.
Resources
Information & Support
For Parents and Patients
Health Information Privacy (HHS)
Overview and links to detail about HIPAA, for Consumers and for Covered Entities (physicians and health organizations); from
the U.S. Department of Health and Human Services.
HIPAA Frequently Asked Quesions: Personal Representatives and Minors
Search for information about HIPAA, personal representatives, and minors on the U.S. Department Health and Human Services
site.
Family Educational Rights and Privacy Act (FERPA) (USDOE)
A description of FERPA; United States Department of Education
Tools
Medical Home - School Information Release Form ( 49 KB)
Sample form for a child's parent/guardian to authorize two-way communication between the health care provider and school team.
Release of Information Form (Medical) (
28 KB)
This sample form may be used to share information between designated providers. Check with your Medical Home for more information.