KEYWORDS:
HIPAA, FERPA, immunization laws, schools
BACKGROUND:
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) governs the use and disclosure of personally identifiable health care information. The U.S. Department of Health and Human Services has issued the final regulations implementing this law. The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents certain rights in regard to the personally identifiable information contained in their child’s education records. Both of these laws impact the sharing of immunization data with schools. Recently, some providers have expressed reservations about the sharing of immunization data without authorization.
OBJECTIVE:
This presentation will describe the potential impact of HIPAA and FERPA on the sharing of immunization data among providers, schools, and public health.
METHOD:
A legal analysis of HIPAA, FERPA, and state laws pertaining to privacy and the sharing of immunization information was conducted and discussed with experts in the public and private sector. Concerns were discussed with practitioners at the state and local level.
RESULT:
As a result of this legal analysis, several practitioners at the state and local level have developed materials to educate providers about the impact of these laws.
CONCLUSION:
The potential impact of HIPAA and FERPA on the sharing of immunization data among providers, schools, and public health must include an analysis of HIPAA implementation and existing state laws.
LEARNING OBJECTIVES:
Attendees will be able to describe the potential impact of HIPAA and FERPA on the sharing of immunization information. Attendees will be prepared to discuss specific questions with legal counsel and to develop educational materials.
Handout (.ppt format, 305.0 kb)
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Back to The 2003 Immunization Registry Conference (October 27-29, 2003)