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This is because medical treatments provided to students are classified as educational records and protected by FERPA, while medical services provided for staff are non-portable benefits.Ĭomplications start to arise when an educational institution provides medical services for members of the public (i.e., a medical teaching university). Generally, public schools, colleges, and other educational institutions that provide medical services for students and staff (as a work benefit) are not considered to be Covered Entities under HIPAA. The best example of a complicated relationship of this nature is the relationship between HIPAA, the Family Education Rights and Privacy Act (FERPA), and the Texas´ Medical Records Privacy Act (as amended by HB300). The relationship between HIPAA and other state and federal laws can further complicate HIPAA compliance due to multiple HIPAA exceptions. Covered Entities with public-facing operations may need to be familiar with these HIPAA exceptions. However, it is worth noting exceptions exist to the right to revoke a patient authorization for the disclosure of PHI and to who should be given Notices of Privacy Practices (i.e., inmates of correction institutions).

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Most other uses of the word “exception” in the text of HIPAA relate to exceptions from transaction standards and medical code sets. If Freedom of Information requests reveal the Covered Entity has provided more PHI than the minimum necessary, they would be in violation of HIPAA. The other two General Rule exceptions can also be problematic for Covered Entities because, although a State law may permit certain disclosures of PHI to state and federal agencies, the information provided to state and federal agencies can be accessed via Freedom of Information requests. However, many State laws apply to only one element of privacy information (i.e., HIV-related information), only in specific circumstances (i.e., for emergency care), or only to certain entities (i.e., pharmacists).

This is because nearly every state has a law relating to the privacy of patient information with more stringent privacy provisions than HIPAA. The first exception is the one that has caused more problems for HIPAA Covered Entities than most. Requires a health plan to report information for the purpose of audits, etc.Provides for reporting information to public health agencies, and.Has more stringent privacy provisions or patients´ rights than HIPAA,.However, there are multiple exceptions listed in the General Rule including that State law preempts HIPAA when the State law: The General Rule stipulates that when there is a contradiction between HIPAA and State law, HIPAA takes precedence. The first HIPAA exceptions appear in the General Rule (45 CFR § 160.102). HIPAA Training For Individuals ‐ HIPAA Training For Universities HIPAA General Rule Exceptions

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Therefore, we have highlighted a few of the most common exceptions and recommend Covered Entities seek professional compliance advice to identify others that may be relevant to their specific circumstances. It is impractical to list all the HIPAA exceptions in one article, especially as some exist which are not mentioned in the Administrative Simplification provisions. A comb through the Administrative Simplification provisions finds 50 uses of the word “exception” and a further 100+ uses of the word “except”.

The Guide highlighted multiple instances in which hospitals, ambulance services, schools, and public agencies unjustifiably withheld news from reporters for fear of violating HIPAA – even though several of the entities were not covered by HIPAA.Īccording to the Guide, the fear of violating HIPAA led to many entities applying HIPAA overzealously – often applying standards without considering when HIPAA exceptions exist. In 2007, the Reporters Committee for the Freedom of the Press published a Guide to Medical Privacy Law.

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The text of the Healthcare Insurance Portability and Accountability Act is full of HIPAA exceptions – adding to the complexity of complying with the Act and often resulting in organizations and public agencies applying far more stringent restrictions than necessary.

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