Privacy & Compliance Awareness

Health Information Portability and Accountability Act (HIPAA)

FERPA applies to most public and private postsecondary institutions and, thus, to the records on students at the campus health clinics of such institutions.  These records will be either education records or treatment records under FERPA, both of which are excluded from coverage under the HIPAA Privacy Rule, even if the school is a HIPAA covered entity.  See the exceptions at paragraphs (2)(i) and (2)(ii) to the definition of “protected health information” at 45 CFR § 160.103.