FERPA, HIPAA, MEDICAL RELEASE Forms
When my three sons headed off to college, we had to allow them to be the emerging adults they were trying hard to become. It was not easy to relinquish our hold on them, allowing them to make decisions (good and bad) and giving them the space to resolve their own issues. By no means do you send them on their way without guidance; however, they need to learn how to be adults.
Colleges enjoy and brag about “cutting the cord” whether we like it or not. The FERPA, Federal Educational Rights and Privacy Act of 1974, was designed to protect the privacy of educational records and give students the right to inspect and review their own academic records without the oversight of their parents.
Our college children are legally considered responsible adults with the right to determine who has access to all their academic information, such as grades and academic standing. You need to discuss whether and which documents you want your student to release to you.
Note: FERPA allows but doesn’t require a school to share this information. Check the individual school policy regarding parental notification.
Prepare for Unexpected Health Issues.
Although most students only suffer from colds, homesickness, and sometimes a case of Mono, it is good to prepare for the unexpected. When your student turns 18, The HIPAA, Health Information Portability and Accountability Act of 1996 protects sensitive patient information. Once a student turns 18, like FERPA, HIPAA gives them control over their health care and records. Ask your student to sign a Medical Information Release Form and an Advance Health Care Directive or Health Care Proxy.
We were lucky. No one had a significant illness or significant accident while at school, but three days after finals, we almost lost our son to Sepsis. He was nearly unconscious and incapacitated; he could not make decisions or make his wishes known to his doctors. If he had been at school, I might not have known he was taken by ambulance for six days in ICU.
The Information Release Form allows a student, or anyone, to designate someone to have access to their medical records in an emergency. This enables hospital personnel (covered by HIPAA, not FERPA) to share information with a parent — or whoever else the student might designate.
FERPA regulations rather than HIPAA regulations generally cover health records maintained by college health centers. This information is considered part of the student’s educational record and excluded from HIPAA.
The Health Care Proxy or Medical Power of Attorney allows a student to designate someone to make medical decisions if they cannot make them for themselves.
Both forms are available online or from a doctor’s office. The HIPAA release form may not need to be notarized; this varies from state to state. It is wise to keep a copy. Talk to your student about the need for these forms, about possible situations and decisions that might come up, and about the trust involved.
As I Reflect
These decisions are personal and can be difficult. Be sure you understand the legal restrictions and implications.
Both FERPA and HIPAA regulations are complex and can be intimidating. However, it is essential to discuss how and why you hope your student will share information.
The conversation alone will help your student understand their responsibilities in these areas and will be another step toward adulthood and independence.
The Forms You May Need:
FERPA Waiver
FERPA waivers are available through the college or university, usually the registrar’s office. The process may be online or a paper form your student must complete.
FERPA waivers permit students to select what information they want to share with their parents — it’s not a blanket waiver. For example, they could allow parental access to the tuition statement but not their grades or specific medical information categories.
HIPAA Release Form
The HIPAA release form is like a permission slip allowing you to be part of conversations and decisions relating to your student’s health. Something to know about HIPAA — you must specify the health care provider (clinic, doctor, hospital) authorized to release/share information about your student’s treatment — this may mean completing one for both the campus health center and also the nearest hospital where they would most likely go in case of an emergency. If your student will seek treatment from an off-campus provider, you will also need a form for that.
The school’s health services webpage may include links to free forms that your family can use. Your doctor’s office at home may also provide one.
To be on the safe side, fill out HIPAA release forms for your home state and the school state.
You may find free forms:
School’s health services webpage
Doctor’s office
Medical Release Forms - customizable by state.
Stand-alone HIPAA release forms don’t need to be notarized. I like everything notarized.
Medical Power of Attorney
A Medical Power of Attorney, or Healthcare Proxy, designates someone (for example, you, the parent) to act as an agent in case the named individual (your student) cannot make decisions independently.
Each state’s form is different; you may need to have the document must be notarized in some states. Many states combine the HIPAA release and the Medical Power of Attorney, so you only need one form.
Create a Medical Power of Attorney form customized by state here: https://eforms.com/power-of-attorney/medical/. This website also links to Durable Power of Attorney forms (for financial decision-making) and Living Wills.
Information for this article is provided in part by Vicki Nelson
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