Ohio Education Law Monthly (December 2010)

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In This Issue:

Understanding the Privacy Rights of HIPAA & FERPA in Schools; Does your School Really "Own" its Intellectual Property? And, Upcoming Statutory Deadlines.

Understanding the Privacy Rights of HIPAA & FERPA in Schools by Dave Lampe

Public school districts regularly receive medical information concerning its students and employees. Inevitably, questions arise about what medical information the school district can request or share with staff, parents and other affected individuals. This article is meant to answer some of these questions.

The Health Insurance Portability and Accountability Act ("HIPAA") provides protection for personal health information held by covered entities. A covered entity under HIPAA is either: (1) a health plan, (2) a healthcare clearinghouse, or a (3) healthcare provider that transmits health information electronically in connection with certain administrative and financial transactions....

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