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Daily Dashboard | Medical privacy protections may not apply in schools Related reading: White House task force seeks national COVID-19 surveillance system

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Student health care provided by a school nurse may fall outside of the U.S. Health Insurance Portability and Accountability Act’s privacy protections, Reuters reports. Instead, it may be covered by the Family Educational Rights and Privacy Act and, as a part of the student’s educational record, can be disclosed without consent to school officials or those who have “legitimate educational interests.” Boston University School of Public Health’s Patricia Elliott said protocols are needed “to ensure youth privacy.”
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  • comment Allen Brandt • Feb 15, 2020
    Unfortunately, it's always been this way. Schools are not covered entities under HIPAA, so the protections do not apply. The example I like to use is a teacher suggesting to a parent to have their child tested for ADHD. They go to their doctor who runs tests (HIPAA covered), then the parent takes the results, walks across the street to the school, and the results are no longer covered and protected under the HIPAA rules.
    
    This also applies to tests where a student wants extra time on exams, etc. This is an area where, in my opinion, the US sector-specific rules are failing the people who need protection.