News & Analysis as of

FERPA Department of Health and Human Services (HHS)

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

Pierce Atwood LLP

Enforcement of U.S. Consumer Data Privacy Laws Part 1: Federal Agency Enforcement

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A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business. This is because U.S. consumer privacy laws exist as a...more

Steptoe & Johnson PLLC

Can Colleges Mandate Vaccines? Yes, But Beware.

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As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or...more

Husch Blackwell LLP

Information Blocking: College & University Student Health Centers – Does The Rule Apply To Us?

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Since last year, the Husch Blackwell privacy attorneys have been working with various healthcare providers—from hospitals to hospices, to independent physician groups—to comply with the Information Blocking rule (the Rule)...more

White & Case LLP

COVID-19 and Data Protection Compliance in the US

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Irrespective of your industry, the current COVID-19 pandemic poses a new and unique challenge to organizations, their employees, and their customers. The emergence of COVID-19 has prompted organizations to collect and process...more

Bond Schoeneck & King PLLC

Student Health Records and the Coronavirus

What student health information may be shared with whom in the event a student tests positive for the virus is one of the many interconnected issues for colleges and universities related to the COVID-19 pandemic....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

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

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

Saul Ewing LLP

2020 Health Care Predictions

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The Saul Ewing Arnstein & Lehr, LLP Health Care Practice includes attorneys that handle regulatory, compliance, transactional and litigation needs for clients across the entire health care delivery system, including: ...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

Fox Rothschild LLP

HIPAA versus FERPA: New Joint Guidance Highlights Emergencies And Complexities

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More than eleven years have passed since the U.S. Department of Health and Human Services (HHS), the agency responsible for the privacy of protected health information under HIPAA, and the U.S. Department of Education (DOE),...more

Holland & Knight LLP

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

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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

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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

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

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