April 29, 2008
1.5 IAPP CEs
The rules governing the sharing of student health information
will change this year with the hope that tragedies like the Virginia Tech
calamity can be avoided. Reports commissioned after the tragedy found
that there was substantial confusion over what student health information
could be shared because of overlapping protections for medical information
stemming from the HIPAA privacy rule and other laws. The U.S. Department
of Education proposed changes to the Family Educational Rights and Privacy
Act (FERPA) on March 24 that are intended to ease the sharing of student
health records with other providers and organizations to help identify
those in need of treatment or special considerations.
To assist healthcare entities, educational institutions and
HIPAA covered entities and other healthcare organizations involved in
student health issues, Health Information Privacy/Security
Alert
sponsored a 90-minute
audio seminar
Sharing Student Health
Information Under the New FERPA Proposed Rules
This 90-minute seminar analyzes
the
proposal to help health and education organizations and state and local
governments get ready for the new rules. Another objective of the seminar
is to assist organizations to strategize and clarify their comments to
the Department of Education. The comments are due by May 8.
Participants
are briefed on:
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The specific effects the proposal will have on using,
disclosing and redisclosing student health information
-
Policies and procedures that you will need or want
to consider amending
-
Proposed clarifications that will enable the sharing
of student health data under FERPA while complying with HIPAA
-
How the proposal affects non-educational healthcare
organizations' ability to share health information with educational
organizations and educators
-
How the proposal may interact with state and federal
laws governing specific issues, such as mental health, substance abuse
and reproductive
and abortion
records
-
The implications for extending FERPA protection to
students engaged in distance learning programs
-
The effects of sharing more student health information
with parents
-
Sharing information with law enforcement
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Steven Yale Winnick, JD.,
was Senior
Counsel with Holland & Knight. He focuses on issues related to FERPA,
the Individuals with Disabilities Education Act and the No Child Left
Behind Act. Prior to entering private practice, Mr. Winnick served as
Deputy General Counsel and the Designated Agency Ethics Official of the
U.S. Department of Education.
James M. Jacobson, JD.,
chairs Holland Knight's Managed Care Practice. Mr. Jacobson's practice
includes helping healthcare organizations comply with HIPAA, FERPA, ERISA
and Medicare and Medicaid compliance issues. He has served as inside or
special counsel to numerous healthcare industry associations, including
NCQA, URAC, APA, AMA, AHA, AHIP and DMAA.
Paul G. Lannon, Jr., JD.
is a partner with Holland
& Knight. Mr. Lannon
also serves as the outside general counsel for several private colleges
and secondary schools in New England. In addition, Mr. Lannon devotes
a large part of his practice to advising private educational institutions
on a broad range of matters, including FERPA and privacy issues as well
as campus security and student discipline.
Moderator: Dennis Melamed is editor and publisher of
Health
Information Privacy/Security Alert
and
has written and spoken widely on issues related to the privacy, confidentiality
and security and health information. He is also an adjunct professor at
the Drexel College of Medicine, where he lectures on regulatory issues
affecting biomedical product manufacturers.
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