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Protected Health Information FERPA

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

WilmerHale

Maryland and Nebraska Adopt Comprehensive Privacy Laws

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The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more

Bricker Graydon LLP

Is Your School District Health Plan Subject to HIPAA?

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For the vast majority of records maintained by public schools, the Health Insurance Portability and Accountability Act (“HIPAA”) is not applicable. This is because most records that contain medical information related to a...more

Clark Hill PLC

It’s Here – The Who, What and How of Washington’s New “My Health My Data” Act and Its Private Right of Action

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Enforcement of Washington’s My Health My Data Act (MHMDA or the Act) starts now. Passed by the Washington state legislature last year and designed broadly to protect “consumer health data,” the Act is one part of a larger...more

King & Spalding

Florida Digital Bill of Rights

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On June 6, 2023, the Florida Digital Bill of Rights (“FDBR”) was signed into law, and goes into effect on July 1, 2024 with some exceptions—the prohibition of government-directed content moderation of social media platforms...more

Dorsey & Whitney LLP

Looking Down the Road: Data Privacy Priorities in 2024

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2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more

Bass, Berry & Sims PLC

Closing the Privacy Gap: Understanding the Nuances and Heightened Risk of Washington’s My Health My Data Act

Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more

Davis Wright Tremaine LLP

New Jersey Governor Signs Comprehensive Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia,...more

Latham & Watkins LLP

Recently Enacted Health Data Privacy Laws in Washington and Nevada Pose Challenges for Businesses

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Washington State and Nevada have now passed health data privacy laws that impose obligations relating to the collection, processing, and sharing of “consumer health data.” Both laws (collectively, State Health Data Privacy...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

Health Care Compliance Association (HCCA)

Compliance Perspective: What's New in Healthcare Privacy

Recently the Health Care Compliance Association released the new Health Care Privacy Handbook, 3rd Edition. https://www.hcca-info.org/health-care-privacy-handbook To learn what’s new in the book and in healthcare privacy...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2020 #3

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HHS Targeted by Nation-State Hackers - Evil doers know that the best time to attack is during a crisis or a time of vulnerability. As the United States, and specifically, the Department of Health and Human Services (HHS)...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

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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

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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

Health Care Compliance Association (HCCA)

Updated joint guidance on privacy and student education and health records

Compliance Today (February 2020) - On December 19, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services announced the release of the “updated joint guidance...more

BakerHostetler

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

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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

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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...

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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

Foley Hoag LLP - Security, Privacy and the...

Updated Joint Federal Guidance on Privacy for Student Education and Health Records

For the first time in over a decade, the U.S. Department of Education (DoE) and the Office for Civil Rights at the U.S. Department of Health and Human Services (OCR) have released updated joint guidance addressing the...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

BakerHostetler

Clearly Defined HIPAA and FERPA Policies May Help Covered Entities in Defending a Claim for Unemployment Compensation

BakerHostetler on

Recently, in Dantry v. Unemployment Compensation Board of Review, No. 1665 C.D. 2017 (Pa. Cmwlth. 2019), the Commonwealth Court of Pennsylvania reversed the order of the Unemployment Compensation Board of Review (Board) which...more

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