How can schools implement FERPA and HIPAA regulations using EHR
As digital health records and electronic health monitoring and recording technologies transform public health systems, medical institutions, and schools, we need to address how to meet HIPAA and FERPA compliance standards set by the US Department of Health and Human Services.
Selecting, adapting, and implementing a reliable documentation system for patient records is part of health information technology. When schools are using EHRs to capture their students’ health information, they must follow HIPAA and FERPA privacy rules for storing and transmitting personal data for billing or business purposes.
Continue reading to the end to gain a better understanding of how these federal privacy laws impact educational institutions and how to ensure compliance.
What do we know about HIPAA and FERPA compliance so far?
According to federal law in the United States, school health records are considered educational records. This means that a child’s right to privacy and access is influenced by the same regulations that protect educational records. When schools share (PHI) protected health information with these students, the HIPAA and FERPA act automatically apply to them.
When do FERPA guidelines apply to school health records?
FERPA protects the privacy of students’ records and information in school health records. Types of Student Records, that come under FERPA are financial information, disciplinary files, student transcripts, and immunization & health records.
Parental consent is necessary under FERPA before records may be shared. The Federal Educational Rights and Privacy Act applies to all schools that receive finances from the US Department of Education, as well as those with which they interact.
When do HIPAA guidelines apply to school health records?
While FERPA applies to schools and educational institutions, HIPAA applies to healthcare. When a school hires external healthcare personnel who digitally shares PHI (protected health information) such as healthcare claims to a health plan for payment, they are subject to HIPAA.
When sharing student health information with the following authorities, schools must adhere to HIPAA guidelines.
- Physicians
- Nurses
- Organizations that present bills or are paid for healthcare in the normal course of business
- Clinical social workers
- Other medical and mental health practitioners
- Hospitals
- Clinics
HIPAA-covered organizations that assist school-based health clinics could have the same student healthcare information protected by both HIPAA and FERPA. A hospital or health agency would be bound to follow HIPAA guidelines when retaining the same student’s health information.
How can FERPA and HIPAA be implemented in schools?
Under FERPA and HIPAA, schools must follow the guidelines that protect the privacy of student PHI records while transferring them electronically. According to these laws, schools are subject to multiple health record privacy and access requirements than doctors, clinics, and hospitals. To follow compliance, schools can implement EHR’s (Electronic Health Record Software) like EduHealth.
Here are some of the major challenges addressed by implementing EHR in schools.
Collaboration
A collaborative care model demands secure sharing of student health data by physicians, counselors, athletic trainers, and other specialties. EHR software will help schools to facilitate collaboration in schools within a short period.
Productivity
Workflows will be streamlined with the automation of routine administrative and nursing tasks when EHRs are implemented, enabling providers to see more patients and provide better care.
Compliance
Manually verifying thousands of student immunization records and sending out reminders is tedious and time-consuming. This is something that EHRs can help address and solve because they provide a safe and dependable method of sharing and storing student health data with other allied health institutions and personnel.
Security
Total student data security and privacy, starting with HIPAA/FERPA compliance, is essential. EHRs are a safe, compliant, and efficient medium for adhering to HIPAA and FERPA federal laws when using student PHI for treatment or billing.
What student records can be stored and shared under FERPA
The type of student records that requires compliance are the following.
- Financial information
- Disciplinary files
- Immunization & health records
- All personal information
- Student course history
- Student transcripts
According to FERPA, numerous requirements make compliance requirements necessary for schools to protect private student information. In any case non-compliance will result in hefty fines.
There is no formal retention time for student records, however, many state laws set retention restrictions. Temporary student records should be maintained for at least 5 years, even after the student no longer attends and permanent records need to be maintained for at least 60 years.
When can the school records be shared?
- With school administrators who have legitimate educational interests.
- To other schools where students will be transferring.
- To designated officials for auditing and evaluation.
- To third parties concerning student financial aid.
- In the event of a health or safety emergency, to health officials.
- In compliance with appropriate state law, to state local authorities in a juvenile justice system.
How Eduhealth help schools implement FERPA and HIPAA regulations to keep confidential health information safe?
The key aspects that EHR systems like EduHealth help for implementing FERPA and HIPAA regulations are.
Record security
When using ad EHR, the privacy, security, and confidentiality of the medical record are critical. Each user of the electronic record should have their login credentials, the system should track user access to patients’ medical records, and there should be explicit policy creation for ongoing health information protection.
EduHealth stores and secures students’ private health information in the cloud. Users can access student information remotely from any device, whether it is owned by the organization or a private individual.
Legal compliance:
Care providers, health plans, and any third-party business associates who transmit health information electronically are considered “covered entities” under HIPAA and must comply.
As a result, when transmitting health information for business purposes (billing) or as part of patient care, all electronic records systems must be HIPAA-compliant. Records kept by school-based entities may be subject to FERPA both concurrently and solely. EduHealth helps schools maintain HIPAA and FERPA compliance and prevent any chances of the schools from being penalized due to non-compliance with federal laws.
Health information exchange:
Health information exchange means the ability to securely transmit a patient’s health information to another electronic record during the course of patient care (HIE). Interoperability improves the efficiency of the care process. Not all electronic medical records systems are capable of the same level of communication or interoperability as the digital records of another health care organization. EduHealth can ensure that it can exchange health information accurately.
For schools who want to ensure compliance with HIPAA and FERPA
Schools are currently experiencing change; modern school electronic health systems are secure, HIPAA and FERPA compliant, and well suited to meet the myriad of challenges that school health administrators currently face. The EduHealth EHR system ensures that schools can document school health details while also adhering to various privacy laws when transferring information for treatment or billing purposes.
