Which statement correctly contrasts FERPA and HIPAA in the school context?

Which statement correctly contrasts FERPA and HIPAA in the school context?

• A. HIPAA governs all school records
• B. FERPA governs student records; HIPAA does not apply to FERPA-protected health information
• C. FERPA never allows any health information disclosure
• D. HIPAA overrides FERPA in all cases

Answer: (B)

In schools, the Privacy landscape is split by the type of records. FERPA governs student education records held by educational institutions that receive federal funds. HIPAA, on the other hand, covers protected health information held by health plans and certain health care providers, and it generally does not apply to the school’s education records. When health information is part of a FERPA-protected education record, HIPAA does not govern its disclosure; FERPA controls who can access or release that information. This is why the statement that FERPA governs student records and HIPAA does not apply to FERPA-protected health information is the best choice. HIPAA may still apply to health information outside the school’s education records or to records created by a healthcare provider outside the school setting, but it does not override FERPA for education records.

In schools, the Privacy landscape is split by the type of records. FERPA governs student education records held by educational institutions that receive federal funds. HIPAA, on the other hand, covers protected health information held by health plans and certain health care providers, and it generally does not apply to the school’s education records. When health information is part of a FERPA-protected education record, HIPAA does not govern its disclosure; FERPA controls who can access or release that information. This is why the statement that FERPA governs student records and HIPAA does not apply to FERPA-protected health information is the best choice. HIPAA may still apply to health information outside the school’s education records or to records created by a healthcare provider outside the school setting, but it does not override FERPA for education records.