HIPAA vs FERPA: What are Similarities and Differences?

One of the most fundamental rights out of all is the right to privacy, especially regarding health and education records. In the U.S., two significant federal laws, HIPAA and FERPA, are fundamentally responsible for safeguarding such information. This blog will explore the key differences between both laws that can be provided to protect privacy in health and education.  

Both HIPAA and FERPA were devised to protect the privacy of individuals, but it covers various types of information. What each covers will be very important for organizations to determine if they maintain health records or educational records. 

This article provides a comprehensive comparative overview of the two, pointing out where they differ, where they are alike, and how they operate in different cases. Take advantage of this guide as a healthcare provider, educator, or policy-maker in order to get and stay compliant and protect the privacy of those you serve. 

HIPAA vs FERPA: Key Comparison Matrix 

Let’s look at each of the types of comparison in detail below: 

What is HIPAA? 

HIPAA is a federal act that was initiated in 1996 and focused on guaranteeing that PHI was protected and maintained in strict confidence.

Protection of Protected Health Information (PHI) 

For any organization that handles PHI, HIPAA mandates the implementation of measures that can protect the information from unauthorized disclosure or access. 

National Privacy Regulations about Health Information 

HIPAA ensures a national standard in handling individual health information and sets the standard for any covered entity directly and indirectly involved in health care services. 

Organizations That Need to Comply with HIPAA 

Health Care Providers 

Hospitals, physicians, and other providers should be HIPAA compliant when maintaining PHI. 

Health Care Clearinghouses 

All the health information that normally comes in a nonstandard form and is then transformed into a standard form comes under HIPAA. 

Health Care Plans 

Insurance companies and other health plans must follow the rules of HIPAA to protect members from the leakage of their information regarding health. 

Business Associates 

Any other entity, third party, that works in association with the health care entities and during the process collects PHI information, are required to follow the rules of HIPAA. 

Importance of HIPAA 

HIPAA protects health information that is in danger by not allowing unauthorized access and leaking.

HIPAA Violations Examples 

Cyber-Attack or Security Breach 

Poor protection of PHI can result in unauthorized access. This may attract heavy fines under the law.

Lack of Data Encryption 

Unencrypted data, especially sensitive data, may lead to a HIPAA violation if compromised.

Misdelivery of PHI 

There are occasions when PHI is sent to the wrong recipient by accident. Sending PHI to the wrong recipient due to accident is a critical but common breach of HIPAA. 

Improper Discussion or Sharing of PHI 

Discussions about a patient in public or sharing information with individuals that do not have a need to know is a violation of HIPAA. 

Social Media Disclosures 

It is a serious HIPAA violation to disclose PHI on social media, intentionally or unintentionally. 

Theft of, or Improper Disposal of, Equipment Containing PHI 

Not properly securing equipment containing PHI, or disposing of it inadequately, may result in severe legal consequences. 

Protection of Privacy for Type of Records 

HIPAA is about maintaining privacy with health records. 

What is FERPA? 

The Family Educational Rights and Privacy Act, known as FERPA, is a very important federal law enacted in 1974 that protects the privacy of student education records. 

Protection of Student Education Records 

FERPA allows parents and eligible students the right to access and control over their education records, and prohibits any disclosures of these records without proper consent. 

Parents and pupils can review and request changes to their education records and have the power to decide to whom such records should be disclosed. 

Agencies or Organizations that Must Abide by FERPA 

Elementary Schools 

Public schools at an elementary level are governed by the FERPA policies through which they are to keep the privacy of the student record. 

Secondary schools 

High schools, too, must comply with the doings of FERPA, which ensures that students’ records are not released easily. 

Postsecondary schools 

Colleges and universities must comply with FERPA to protect the privacy of students’ educational records. 

State and Local Education Agencies 

Even these agencies must comply with the FERPA to ensure that information about students between various schools or colleges remains confidential. 

Importance of FERPA 

Provides Control Over Access to Information 

FERPA provides the right to parents and students to decide who can have access to educational records; it is a major function of privacy

Privacy and Security of Student Records 

FERPA ensures that the secrecy of sensitive student information is maintained by setting high standard regulation. 

FERPA Violation Examples 

Failure to Allow Access to the Records 

It is a violation of FERPA to refuse an eligible student/parent access to their records. 

Accidental Disclosure of Academic Performance 

For example, an accidental disclosure of an academic performance of a student to a person not appropriately authorized is a violation of FERPA 

Talking About a Student’s Academic Performance with Another Student’s Parents 

In case one shares about the performance of one student with another student’s parents, it is clearly a violation of FERPA law. 

Public Posting of Grades with Names 

Posting grades in a manner that identifies students is a violation of FERPA. 

Parent Volunteers Grading Exams 

Having parents grade exams without taking proper measures for consent may be considered a violation of FERPA. 

Applying these laws to Specific Scenarios and Questions 

Application of HIPAA and FERPA, any different educational settings, and healthcare settings. 

In programs such as school-based health, the question of whether it is HIPAA or FERPA or some other law can get very gray and often is determined by understanding what information is at issue and who that information is concerning. 

Interplay of HIPAA, FERPA, and State Laws 

State laws may differ and sometimes provide additional privacy obligations. Understanding the interplay with federal laws is necessary. 

Guidance on Managing Information Sharing Under School-Based Health Programs 

In those cases where health and educational records are maintained in a single setting, such as school clinics, it also becomes important to note when HIPAA, FERPA, or both may be applicable. Very careful attention should be paid to assure that both laws are being adhered to. 

Key Points About HIPAA and FERPA in California 

School-Based Health Programs and Confidentiality Laws 

California also has its own laws that may come into play when applying HIPAA and FERPA, especially as these laws relate to school health programs. Some laws provide more extensive protection than the federal requirements of law.

Determining the Relevant Law for School Health Records 

California “determination of which law applies, in relation to both content of records and responsible agency is unclear. “

Interaction of HIPAA, FERPA, and California Confidentiality Law 

Sometimes California’s confidentiality laws exceed or compound upon HIPAA and FERPA, so a provider really needs to understand how these laws relate to each other. 

In order to determine if FERPA or HIPAA applies, focus on the record type, the entity, the context in which it is used. In general, FERPA addresses school records and HIPAA addresses health records. 

Decision-Making Flowchart regarding Applicability of Records 

A decision-making flow chart can be used that will facilitate the entities to ascertain that a particular law is applicable for particular records. This tool is a better one in a more substantial and confusing situation_ wherein there are both educational and health information availability. 

Maintaining an Equilibrium between Legal Compliance and Ethics and Relationships with the Clients 

There is a need to follow the law. However, at the same time, a balance between legal obligation and ethical obligation, coupled with the need for trust maintenance with clients, has to be struck. This calls upon organizations not only to act in conformity with the law but also to ensure that the privacy and dignity of people are duly respected. 

Importance of Getting Consent/Authorization in Specific Cases 

Sometimes, proper consent or authorization may be required regarding the matters to be shared under the directives of HIPAA and FERPA. Such steps are normally very necessary in the realization of privacy and observing the relevant legal frameworks. 

Understanding the Importance of Knowing HIPAA and FERPA 

Understanding HIPAA and FERPA is important to know what is expected of any player involved in the process of handling records of health and education. The policies protect sensitive information such that it does not find its way to unauthorized access. 

Impact on Privacy Protection of Patients and Students 

Through compliance with HIPAA and FERPA, organizations can preserve patient and student privacy while gaining their trust. Much importance has been given to these protections in a world that is remarkably data-driven.