Are you "Customer is acting as a Covered Entity or Business Associate, to
create, receive, maintain or transmit PHI"

"Generally, no.  In most cases, the *HIPAA* Privacy Rule does not apply to
an elementary or secondary school because the school either: (1) is not a
*HIPAA* covered entity or (2) is a *HIPAA* covered entity but maintains
health information only on students in records that are by definition
“education records” under *FERPA* and, therefore, is not subject to the
*HIPAA* Privacy Rule."
" For example, if a public high school employs a health care provider that
bills Medicaid electronically for services provided to a student under the
*IDEA*, the school is a *HIPAA* covered entity and would be subject to the
*HIPAA* requirements concerning transactions.  However, if the school’s
provider maintains health information only in what are education records
under *FERPA*, the school is not required to comply with the *HIPAA* Privacy
Rule.  Rather, the school would have to comply with *FERPA’s* privacy
requirements ..."

I am not a lawyer, nor do I not play one on TV.


On Tue, Dec 4, 2018 at 2:56 PM Leslie, Ben <[log in to unmask]> wrote:

> Is this something that your school has done....or should do?
> --
> Ben Leslie
> *Coordinator of Technology*
> Battenkill Valley Supervisory Union / Arlington School District
> *Arlington High School*
> P: 802-375-2589 ext. 165
> *Fisher Elementary School*
> P: 802-375-6409 ext. 261
> -----------------------------------------------------------------------
> Search <> the SCHOOL-IT Archive
> Manage <> your
> Subscription to SCHOOL-IT

Raymond Ballou
[log in to unmask]
White River Valley School, Royalton Campus
White River Valley High School / South Royalton Elementary
223 South Windsor Street
Royalton VT 05068
802-763-7740 x2051
802-763-3233 fax