Great catch
Ron! Also, keep in mind that the definition of PHI also excludes certain
records that would be excluded from the definition of an education record under
FERPA:
We have also excluded certain records, those described at 20 U.S.C. 1232g(a)(4)(B)(iv), from the definition of protected health information because FERPA also provided a specific structure for the maintenance of these records. These are records (1) of students who are 18 years or older or are attending post-secondary educational institutions, (2) maintained by a physician, psychiatrist, psychologist, or recognized professional or paraprofessional acting or assisting in that capacity, (3) that are made, maintained, or used only in connection with the provision of treatment to the student, and (4) that are not available to anyone, except a physician or appropriate professional reviewing the record as designated by the student. Because FERPA excludes these records from its protections only to the extent they are not available to anyone other than persons providing treatment to students, any use or disclosure of the record for other purposes, including providing access to the individual student who is the subject of the information, would turn the record into an education record. As education records, they would be subject to the protections of FERPA. Gerald "Jud" E. DeLoss*
Barnwell Whaley Patterson & Helms,
LLC
885 Island Park Drive (29492)
Post Office Drawer H
Charleston, SC 29402
843.577.7700 Main
843.329.5313 Direct
843.577.7708 Facsimile
*Licensed in SC, ME, MN & ND
You can access my papers on the Social Science
Research Network ("SSRN") by clicking on http://ssrn.com/author=346165
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- RE: HIPAA and Schools timmcguinness
- RE: HIPAA and Schools Steven Fowler
- Re: HIPAA and Schools Doug Webb
- Re: HIPAA and Schools Sslazarus
- RE: HIPAA and Schools Karen Tomlinson
- Re: HIPAA and Schools Doug Webb
- RE: HIPAA and Schools Steven Fowler
- Re: HIPAA and Schools Doug Webb
- RE: HIPAA and Schools Gerald E. DeLoss
- RE: HIPAA and Schools Moya Gray
- RE: HIPAA and Schools Steven Fowler