Cartoon image of hippo with a heart and the text "Q? A!"

HIPAA protections for child data

Wondering if the data you collect is covered by HIPAA? We can help!

Our Health Insurance Portability and Accountability Act (HIPAA) Frequently Asked Questions document provides an orientation to HIPAA for Part C and Part B 619 agencies and answers common questions that arise in early childhood programs.

The FAQ contains an introduction and distinct sections on questions about HIPAA itself and on the interaction between HIPAA and FERPA. The first section addresses the basics of HIPAA (requirements and definitions, the Omnibus Rule, to whom the law applies, and the types of information protected. The second section addresses common areas of confusion between HIPAA and the Family Educational Rights and Privacy Act (FERPA).

Specific questions addressed in the document include:

  • Is personally identifiable health information subject to HIPAA?
  • How do I know if the information is covered by HIPAA or FERPA?
  • What about counseling or psychotherapy notes? Are they covered?
  • What do I need to know about the “Joint Guidance on the Applicability of FERPA and the HIPAA to Student Records”?

You can find the our HIPAA FAQs in our DaSy Resources under Publications, or directly at http://dasycenter.org/hipaa-frequently-asked-questions/.

When using the document, bear in mind that it is meant to provide an orientation to these laws should not be considered as legal advice or a substitute for legal counsel. The goal of this document is to give the reader enough information in order to ask good questions and gather the appropriate information prior to seeking official guidance.