Difference between FERPA and HIPAA
If you’re a parent and your child is heading off to college, you need to understand these acronyms. What are these? Simply, they’re privacy laws. If your college student is over the age of 18 (which most of them likely are), then even as their parent you are not legally granted access to their medical or educational information, even if you’re paying. There have to be releases sign. And if a college or university shares student information with someone who isn’t on a release, the institution is liable for a privacy lawsuit. You’ll find that they’re going to be very tight-lipped about speaking with you unless papers are signed. Before you go about asking your child to sign this stuff, you need to understand what they’re signing and what.
FERPA: Federal Educational Rights and Privacy Act. This is a box a student will check giving permission for an Academic Advisor, Financial Aid office, Registrar, etc. to be able to speak with a parent about their child’s educational records. Unless this is approved, the university staff cannot confirm or deny if your student is even attending their university. This can be maddening to a parent who’s paying hefty tuition.
HIPAA: Health Insurance Portability and Accountability Act of 1996. This is what protects your child’s mental and medical records. If they are visiting the Counseling Office on campus, unless a HIPAA release is signed for the therapist to be able to speak with you, not only will they not speak with you but they will also not confirm or deny that that student has been seen by their office. They will not share records. Important for you to know that his also applies if your child is hospitalized locally. Unless there is a signed HIPAA release, the hospital cannot confirm or deny that your child is a patient. The silver lining with HIPAA is that it doesn’t inhibit you from reaching out to the university and expressing concern about your child. They will listen.
You will need both signed and approved in order to be involved in their educational and medical journey while they’re a student. If you are worried about your child while they’re away at school, you want to know when to reach out. Realistically, I encourage parents to see this out before their student even enrolls. If there’s mental health history, then you’ll want to know there are additional forms you may want to consider having your child complete too. There’s a lot happening, and understanding all-things-college is like learning a new language with all the acronyms to boot. Educate yourself so you don’t end up in a situation where your child is hurt or struggling and you have no way to communicate with college staff or medical providers to ensure appropriate care.
For questions or comments contact Joanna.
