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Federal Law and Student Privacy and Federal Law and Health Care Privacy

Federal Law and Student Privacy and Federal Law and Health Care Privacy. New Business Manager Training NMASBO. Student Privacy . Family Educational Rights and Privacy Act 34 CFR 99.3 Also know as FERPA

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Federal Law and Student Privacy and Federal Law and Health Care Privacy

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  1. Federal Law and Student PrivacyandFederal Law and Health Care Privacy New Business Manager Training NMASBO

  2. Student Privacy Family Educational Rights and Privacy Act 34 CFR 99.3 Also know as FERPA This Federal law protects the privacy interests of students and affords parents the right to have access to and amend “student records”

  3. Common Student Interactions in Business • Insurance, Legal and Health Claims • IDEA (Individuals with Disabilities in Education Act) issues • Individual Education Plans (IEP) • Parent Issues • Transportation Services • Food Services • ADA and Accessibility

  4. Business Staff may be Involved • Purchasing • Accounts Payable • Treasury • Maintenance • Transportation • Food Service

  5. Who is Covered • Public School Students under the age of 18 • Parents: natural or adoptive • Legal Guardian • Individual acting as a parent • “Eligible Students” (over the age of 18)

  6. What is a Student Record • Definition: All records, files, documents and other materials containing information directly related to the student; • Maintained by an agency, institution, or person acting for such agency; • Not limited to handwriting, videotape, audiotape, computer and electronic files, film, print, microfilm or microfiche

  7. Records Privacy • Records may be accessed by employees only when performing OFFICIAL DUTIES and who have a LEGITIMATE EDUCATIONAL INTEREST • Records may only be released, without parental consent for legitimate educational interest • Employees are legally and ethically obligated to safeguard the confidentially of student records that may be encountered while performing one’s job duties

  8. Surveillance Cameras • Must not infringe on student privacy rights • Generally classrooms, hallways and common areas are okay • Buses okay • Should have a Camera/Surveillance Policy • Saved media with specific student information are “student records” • Media used for discipline is a “student Record”

  9. Internet Postings • Internet postings must comply with FERPA and officials must consider safety concerns and exercise caution when displaying information such as identifiable pictures

  10. FERPA Recommendations • Be sensitive, do not “gossip” about student issues • Discuss student issues with only those who do have a “legitimate educational need” • Do not allow staff to “gossip” about student information; train staff about FERPA • Do not give access to student records to those without a legitimate education need • Do not allow the press (or anyone else) to film, take pictures or interview students without parental permission

  11. FERPA Recommendations • Keep your records such a media from the bus cameras secure from general viewing • Discuss issues with the Superintendent when you have questions (Superintendents are generally better trained in student issues than business managers) • Develop a Student Privacy Policy and Procedures

  12. Health Privacy Issues Health Insurance Portability and Accountability Act Also known as HIPAA 45 CFR 160.103 This law sets standards for the sharing of health care information

  13. Business Office Issues • Health insurance applications • Health insurance claims • Records related to health care related leave • FMLA (Family and Medical Leave Act) records • Workers Compensation health records

  14. Student Health Care • Generally – Student health care information is a “student record” (Parental permission for release) • Examples: IDEA health records Immunization Records Nurse Records

  15. Staff Health Records HIPAA Requirements • The highest degree of confidentially when accessing, discussing (either written, verbal or electronically) a person’s protected health information. • Healthcare organizations must adopt processes and procedures that will ensure the safety and protection of health care information.

  16. Are Schools Health Care Organizations? YES • The law defines a group health plan as “an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents directly or through insurance, reimbursement or otherwise.” In addition, NMPSIA is required to be HIPAA compliant therefore the schools districts that are under NMPSIA must also comply with the HIPAA laws

  17. Recommendations • Make sure Business Office health care related records are secure and have restricted access • Make sure staff is aware of health care information restrictions • Do not “gossip” about employee health care issues • Discuss information with only those who have a legal and legitimate interest

  18. Recommendations • Develop HIPAA policy and Procedures • Contact NMPSIA with privacy questions • Questions?

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