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Student Records, Consent and Confidentiality |
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| New - HIPAA or FERPA? A Primer on School Health Information Sharing in California |
This new toolkit is a resource guide on navigating the complex interactions of HIPAA and FERPA in school health programs, including school health centers, school-based mental health programs, school nursing services, and other types of health services delivered on school campuses. This toolkit was developed for CSHC by the National Center for Youth Law. It includes a summary of HIPAA and FERPA, guidelines for determining whether a school health program is subject to HIPAA or FERPA, and detailed information on disclosing and exchanging information under HIPAA and FERPA. The toolkit also includes sample consent and release of information forms and related instructions for school health programs subject to either HIPAA or FERPA. These forms are provided for reference purposes only.
CSHC members can access this toolkit (PDF) for free by going to our Members Section or follow this link to become a CSHC member now. Non-members may obtain a copy of the toolkit on CD for a suggested donation of $35. Please use the CSHC order form. |
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Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) To Student Health Records
In this guidance document, the US Departments of Education and Health and Human Services explain the relationship between FERPA and the HIPAA Privacy Rule, and address confusion on the part of school administrators, health care professionals, and others as to how these two laws apply to records maintained on students. It also addresses certain disclosures that are allowed without consent or authorization under both laws, especially those related to health and safety emergency situations. Follow this link to read this joint guidance (PDF). |
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Minor Consent Rights in California
When planning school health centers, providers and educators need to understand California’s minor consent laws. The Adolescent Health Working Group has a comprehensive toolkit Understanding Confidentiality and Minor Consent in California (PDF). |
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National Center for Youth Law
National Center for Youth Law (NCYL) website has a plethora of up-to-date national and local news concerning youth law. NCYL is a private, non-profit law office serving the legal needs of children and their families. A key resource for navigating minor consent and providers' reporting requirements was prepared by Rebecca Gudeman of NCYL: Minor Consent, Confidentiality, and Child Abuse Reporting in California (PDF).
NCYL also has a website designed to help California adolescent health care providers understand the many laws that impact their work, with a focus on reproductive health. The NCYL site contains informaiton produced by NCYL as well as other organizations specializing in adolescent health care.
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Teen Health Rights
The National Center for Youth Law's Teen Health Rights Initiative was established to provide resources and information to health care providers about California laws pertaining to minor consent, confidentiality, child abuse reporting, and other adolescent health concerns. Based on provider requests for information, the initiative's staff research and create manuals, forms, and other resources to facilitate health care delivery to adolescents. Staff also respond to requests for technical assistance, education and training. |
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