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Disabilities
Regulations and protocols
| Question | Answer |
|---|---|
| FERPA | Federal Family Educational Rights and Privacy Act |
| FERPA purpose? | -Protect student educational information from public posting or access -Protect 18 + students privacy from parents |
| Under FERPA What can't parents know? | Schedule, grades, financial aid |
| FERPA affected providers | Educational Institutions or students that get federal funding is protected under FERPA |
| FERPA protected information | Academic information , Personal information , Disciplinary record , student ID card , annual notification , request information in writing, No fee may charged |
| Academic information examples | grades, major, degree, participation in groups or activities; not including pear graded papers prior to possession by the instructor |
| Personal information examples | name, address, phone number, CIN, parents data, SSN, any electronic ID, biometric information, or any combination of information that might lead to the identification of the student |
| Disciplinary record examples | exceptions for some criminal convictions and if the individual is considered a threat to the public |
| Student or legal representative may request information in writing example | valid warrant or subpoena |
| Categories of information | public information, Sensitive Information , Highly Sensitive Information, Identifiable Information , De-identifiable information |
| Public Information | Available to the public related to the operation of the service and without potential to damage the client or service provider -school address, school phone number |
| Sensitive Information | Information released only within the organization or agency necessary for successful interaction with the client. -research data, public safety information, financial donor information, system access passwords, security records |
| Highly Sensitive Information | Requires client permission for release; limited access; potential to cause extreme damage -SSNs, DLs, HIV teen sexual information |
| Identifiable Information | Data that allows the client to be identified; client permission; limited access - pictures, eye color, finger print, gender, ethnicity |
| De-identifiable information | Data that cannot lead to the recognition of the client; Data in aggregate that separately would be identifiable -health information, |
| T/F HIPAA has precedence over FERPA | True |
| HIPPA | Health Insurance Portability and Accountability Act (1996) |
| HIPPA purpose? | Protect Patient Rights and Electronic information |
| Who is under HIPPA | Health Care Providers, Self-Insured Plan Employees EMTs, Anyone with access to medical records -Doctors, Nurses, Interns , OT, PT, Athletic Trainers, Adapted P.E. Teachers, Clerical Staff, Maintenance Personnel, Volunteers, Assistants, Counselors |
| What information is protected under HIPPA | -Electronic Records- passwords, security questions -Written Records - safe, locked cabinets -Phone conversations -Formal or informal verbal interactions -Anything related to physical or mental health. -Any health care records, payments, schedules |
| Security requirements | HARD COPIES -Limited access for work purposes only, Secured when not in immediate use ELECTRONIC INFORMATION - Primary Concern, Administrative safeguards,Physical safeguards, Technical safeguards, Organizational Requirements - Policies and Procedures |
| Parental access under 18 | The parent designated as “personal representative” access to all academic and disciplinary records Access to health records if the child is a dependent or is a danger Emancipated minors have individual rights Any info can be held if it is best interest |
| California minor sexual consent laws | -Minor (11-13+) has full control for HIV, STD test results, Pregnancy results, contraception |
| Pregnancy | Not permitted to tell |
| Contraception | Not permitted to tell |
| Abortion | Not permitted to tell |
| Emergency Medical services | Shall tell – services can be performed without consent if life-threatening |
| Sexual Assault/rape | Shall attempt to contact EXCEPTION: Not required if the parent/guardian might be involved or informing would be detrimental to the patient |
| X-rays in re: child abuse | Not permitted to tell |
| Outpatient Mental Health | Required to tell EXCEPTION: Not if the parent is involved or informing would be detrimental to the patient |
| Infectious, contagious or communicable diseases | Not permitted to tell |
| AIDS/HIV | Not permitted to tell |
| Rape12+ years | 15 or less permitted |
| General Health care | 15+ may advise |
Created by:
rmart11
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