TEAMING UP LEGALLY:
HIPAA & FERPA
CONSIDERATIONS FOR
THE ATHLETIC TRAINER


Jeremy Simington, MS, ATC, LAT
King's College
Wilkes-Barre, PA

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What you'll be able to do

• Explain rules & guidelines for HIPAA & FERPA
• Determine if AT facility is under HIPAA or FERPA
• Apply best practices to protect PHI
• Correctly respond to HIPAA & FERPA violations

HIPAA:
Health Insurance Portability & Accountability Act

Standard format for e-billing
Security of health data
Protect patient privacy

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HIPAA only applies to




Covered Entities

Covered Transactions

• Digital transmission of health info for insurance/payment
• Credit card payments
• Referral authorization from insurance co.
• Filing insurance claims

Protected Health Information

Examples of PHI

• Personal info (name, picture, contact info)
• Vital dates (birth, admission, discharge)
• ID numbers (SSN, student, employee)
• Name of employer or school
• Distinguishing characteristics

OK to use PHI
without authorization when:

Necessary for patient treatment

Necessary for
health care operations

Necessary for payment

Required by law

sharing is awesome

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hipaa best practices

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FERPA:
Family Educational Rights and Privacy Act

Protect student privacy
Allow access to records
Allow change requests

Does FERPA apply at your institution?

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If you are under HIPAA and FERPA, student medical records are normally covered by FERPA

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Consent rules less strict

W/o consent: Google "Ed.gov & Ferpa"

• School officials with legitimate educational interest 
• Appropriate officials in health & safety emergencies
• Schools to which a student is transferring
• Accrediting organizations

ferpa best practices

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