HIPAA and FERPA: competing or collaborating?

The Family Educational Rights and Privacy Act (FERPA) was established in 1974 to protect the privacy of student educational records. The Health Insurance Portability and Accountability Act (HIPAA) had its first part implemented in 2002 with the goal of protecting the privacy of patient health information. But what happens when the student is a patient? Does one follow FERPA or HIPAA or both? This article examines that question and guides schools through the HIPAA/FERPA intersection. Schools need to consider their individual situations, as there is not a "one size fits all." In addition, one word in the HIPAA or FERPA law can make a difference. What also has to be taken into account is individual state law where the school or patient is located. It is hoped that in the future the language of the laws will be ameliorated such that the focus can be on the students and patients and not deciphering what law to follow.