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Free Content HIPAA and FERPA: Competing or Collaborating?

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The Family Educational Rights and Privacy Act (FERPA) was established in 1974 to protect the privacy of student educational records. The Health Insurance Portability and Accountability Act (HIPAA) had its first part implemented in 2002 with the goal of protecting the privacy of patient health information. But what happens when the student is a patient? Does one follow FERPA or HIPAA or both? This article examines that question and guides schools through the HIPAA/FERPA intersection. Schools need to consider their individual situations, as there is not a "one size fits all." In addition, one word in the HIPAA or FERPA law can make a difference. What also has to be taken into account is individual state law where the school or patient is located. It is hoped that in the future the language of the laws will be ameliorated such that the focus can be on the students and patients and not deciphering what law to follow.

Document Type: Research Article

Publication date: 2010-12-01

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  • The Journal of Allied Health is the official publication of the Association of Schools of Allied Health Professions (ASAHP). The Journal is the only interdisciplinary allied health periodical, publishing scholarly works related to research and development, feature articles, research abstracts and book reviews. Readers of the Journal comprise allied health leaders, educators, faculty and students.
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