ERIC Number: ED498479
Record Type: Non-Journal
Publication Date: 2006-Sep
Reference Count: 0
The Relationship of HIPAA to Special Education
Benitz, Catherine, Comp.
Mountain Plains Regional Resource Center (MPRRC)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) includes important, but limited, protections for millions of working Americans and their families around the ability to obtain and keep health coverage. Among its specific protections, HIPAA: (1) Limits the use of preexisting condition exclusions; (2) Prohibits group health plans from discriminating by denying coverage or charging extra for coverage based on past or present poor health; (3) Guarantees certain small employers and certain individuals who lose job-related coverage the right to purchase health insurance; and (4) Guarantees, in most cases, that employers or individuals who purchase health insurance can renew the coverage regardless of any health conditions of individuals covered under the insurance policy. The privacy provisions of HIPAA apply to health information created or maintained by health care providers who engage in certain electronic transactions, health plans, and health care clearinghouses. The privacy rule standards address the use and disclosure of individual health information, or "protected health information," by organizations (covered entities) subject to the privacy rule, as well as standards for individual's privacy rights to understand and control how their health information is used. A major goal of the privacy rule is to ensure that an individual's health information is properly protected while allowing the flow of health information needed to provide and promote high-quality health care and to protect the public's health and well being. The purpose of this paper is to provide clarification to educators regarding the privacy of records and information related to the requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The paper was originally distributed in 2003 and has been updated with resources and web page links. Additional resources and websites are provided for the reader to obtain current information regarding the required privacy regulations.
Descriptors: Privacy, Health Conditions, Health Insurance, Confidential Records, Policy Analysis, Special Education, Student Records, Disclosure, Public Policy, Guidance Programs
Mountain Plains Regional Resource Center. 1780 North Research Parkway Suite 112, Logan, UT 84341. Tel: 435-752-0238; Fax: 435-753-9750; Web site: http://www.rrfcnetwork.org/mprrc
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Utah State Univ., Logan. Mountain Plains Regional Resource Center.