News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Educational Institutions

Venable LLP

Education Roundup: Policies Protecting Student Health Information - FERPA and HIPAA Compliance

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It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 4, Issue 7, August 2023

You may be Entitled to Financial Compensation…for Your Data - “Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.” Why this is important: This...more

Holland & Knight LLP

U.S. Department of Education Issues New FERPA Guidance on Student Health Records

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In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more

BakerHostetler

It’s Elementary: Measures that Educational Institutions Should Take to Prepare for Ransomware Attacks: Part 3

BakerHostetler on

In the event of a ransomware attack, there are a host of legal frameworks that could potentially be implicated. Whether those laws apply often depends on the nature of the data that the threat actor accessed and/or acquired....more

Fox Rothschild LLP

Which Privacy Protections Apply? HIPAA, FERPA And COVID-19

Fox Rothschild LLP on

A recent conversation with a colleague in California prompted me to write this. He said that as part of its back-to-school plan, his children’s elementary school district “highly encouraged” that all students be tested for...more

Bowditch & Dewey

Gaining Access to Your College Student’s Records

Bowditch & Dewey on

Now more than ever, during COVID-19, we need to have access to our student’s health and financial records. Many parents do not realize that once their child attains the age of 18 years old, they no longer have legal access to...more

Bricker Graydon LLP

Preparing to serve Ohio’s students with disabilities during the 2020-2021 school year

Bricker Graydon LLP on

On August 14, 2020, the Ohio Department of Education’s Office of Exceptional Children (OEC) released an updated Reset and Restart guidance for serving students with disabilities, along with updated guidelines for telehealth....more

Bricker Graydon LLP

Special education continuation concerns

Bricker Graydon LLP on

Multiple pieces of guidance related to serving students with disabilities have been issued since Governor DeWine announced the closure of Ohio’s schools on March 12, 2020....more

Holland & Knight LLP

COVID-19 Guidance for Institutions of Higher Education

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The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more

Poyner Spruill LLP

Education in a Time of Corona: Student Privacy Law and the Coronavirus

Poyner Spruill LLP on

The coronavirus, officially COVID-19, is the most significant public health emergency in decades. The virus, believed to have originated in Wuhan, has expanded with astonishing rapidity. Despite government efforts, it has...more

Holland & Knight LLP

Coronavirus and Educational Institutions: Guidance for Healthcare Programs and Beyond

Holland & Knight LLP on

The U.S. Centers for Disease Control and Prevention (CDC) has issued Interim Guidance for Administrators of U.S. Institutions of Higher Education and for K-12 schools and childcare programs, asking them to collaborate and...more

Faegre Drinker Biddle & Reath LLP

ED and HHS Issue Updated Joint Guidance Regarding Student Health Records Privacy

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (ED) issued an updated version of its “Joint Guidance on the Application of the Family Educational Rights and...more

Franczek P.C.

Is My Public School, Private School, or College or University Subject to the HIPAA Privacy Rule? Revised Federal Guidance Provides...

Franczek P.C. on

School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more

BakerHostetler

Departments of Education and HHS Release Joint Guidance on the Relationship Between FERPA and HIPAA

BakerHostetler on

At the end of 2019, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and U.S. Department of Education Student Privacy Policy Office (ED) issued an update to their joint guidance on the...more

Harris Beach PLLC

Cracking the Compliance Code for Student Health Records

Harris Beach PLLC on

As health care providers and professionals, you know that today’s regulatory environment involves multiple and sometimes overlapping frameworks that regulate and protect patient health information. Our recent Legal Alert...more

Chambliss, Bahner & Stophel, P.C.

New Guidance for Protecting Student Health Care Information

On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more

Saul Ewing LLP

The U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services Release...

Saul Ewing LLP on

On December 19, 2019, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services released updated joint guidance addressing the application of the Family Educational...more

Holland & Knight LLP

Newly Updated Joint Guidance on the Application of FERPA and HIPAA To Student Health Records

Holland & Knight LLP on

On December 19, 2019, the U.S. Department of Health and Human Services and the U.S. Department of Education issued a "Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health...more

Harris Beach PLLC

New Guidance Clarifies Schools Health Records Governed by FERPA Are Not Subject to HIPAA

Harris Beach PLLC on

New guidance issued jointly by the U.S. Department of Education and the U.S. Department of Health and Human Services advises schools that most health information relating to students at federally-funded elementary and...more

Harris Beach PLLC

Updated Joint Guidance Released Today on the Application of FERPA and HIPAA To Student Health Records

Harris Beach PLLC on

Today, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services released updated joint guidance regarding the application of the Family Educational Rights and...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2019

Robinson & Cole LLP on

The Wolcott school system in Wolcott, Connecticut has been recovering for four months from a ransomware attack that hit its system at the end of the school year. Last week, it was hit with a second attack. According to...more

Goulston & Storrs PC

Health Care, Financial, and Educational Records Protections for Your College Student

Goulston & Storrs PC on

August is approaching and some of you may be preparing to send children off to college or back to college. If your child is age 18 or older, you can take some simple steps to improve your access to your child’s medical...more

Womble Bond Dickinson

Are Non-Covered Activities And Programs At Your Campus/Institution Leaving You Overly Vulnerable to HIPAA? A “Hybrid” Designation...

Womble Bond Dickinson on

Executive Summary: If an institution doesn’t designate which functions are and are not covered by HIPAA, the assumption is that all activities fall under the HIPAA compliance umbrella. Recent federal actions against...more

Steptoe & Johnson PLLC

The GDPR Becomes Effective This Month: Are You Ready?

On May 25, 2018, the European Union will begin enforcing the General Data Protection Regulation (GDPR), which enacts strict standards for the handling, retaining, and processing of the personal data of any individual located...more

Saul Ewing LLP

Higher Education Highlights - Summer 2017

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Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more

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