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Kirk Nahra Discusses Privacy Protections for Student Medical Records at IAPP Event
Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, discussed privacy rules for student medical records during a recent International Association of Privacy Professionals (IAPP) panel. The event was covered by Education Dive.
Medical privacy protections that cover higher education institutions, depending on the situation, include the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), and various state laws, according to the article.
“It’s an incredibly complicated landscape and it’s one that creates real challenges to manage and to apply these laws for the entities that have to follow them, but I also think it creates enormous confusion for individuals,” Mr. Nahra said.
He noted that HIPAA rules do not cover campus clinics that do not bill patients for treatment. HIPAA also excludes privacy protections for individually identifiable health information if it is part of an educational record governed by FERPA. Mr. Nahra said one solution may be to modify rules so HIPAA covers all medical records—not just those outside the educational realm.
The article can be found here.