HIPAA excludes information considered education records under FERPA law. TRUE or FALSE?
Question
HIPAA excludes information considered education records under FERPA law. TRUE or FALSE?
Solution
Answer
TRUE.
Under the Family Educational Rights and Privacy Act (FERPA), education records are defined as records that are directly related to a student and maintained by an educational institution. The Health Insurance Portability and Accountability Act (HIPAA) primarily governs the protection of health information. However, when it comes to education records, FERPA takes precedence for schools and educational institutions.
If health information is contained within education records covered by FERPA, that information is not considered protected health information under HIPAA. Therefore, HIPAA excludes information that is considered education records under FERPA law, affirming that the statement is true.
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