Understanding HIPAA and FERPA
As our children turn 18 and go off to college or careers, we hear horror stories about HIPAA and FERPA on the internet and from other parents. One day our child is our child, and the next they are a full-fledged adult for whom we can no longer make a dentist appointment. On one hand, it is good news – they need to make their own dental appointments! On the other hand, we may not be able to help them in the case of an emergency. Understanding HIPAA and FERPA laws is one of the keys to successfully navigating life with an adult child.
Understanding HIPAA and FERPA
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Understanding HIPAA and FERPA: What is HIPAA?
You are probably somewhat familiar with HIPAA. You have signed the forms at the doctor’s office. The CDC gives this brief explanation:
The Privacy Rule standards address the use and disclosure of individuals’ protected health information (PHI) by entities subject to the rule. These individuals and organizations are called “covered entities.”
The Privacy Rule also contains standards for individuals’ rights to understand and control how their health information is used. It protects individual health information while allowing necessary access to health information, promoting high-quality healthcare, and protecting the public’s health. The Privacy Rule permits important uses of information while protecting the privacy of people who seek care and healing.
What it means in practicality for the parents of a child over 18 is your child has to give you permission to access their health records or to communicate with a healthcare professional who is treating them. It seems ridiculous when they are still on your insurance and they have no real understanding of the healthcare system, but in fairness, the government has to set some sort of age limit on access and they have chosen 18.
In speaking with hospital administrators, doctors, and parents (including myself) about their experiences, the scary stories are overblown, but you do need to know a few things.
You can read about our experience when our child had an appendectomy while in college in 6 Steps to Take Before Your College Student has a Medical Emergency.
6 Steps to Take Before Your College Student Has a Medical Emergency
How to prepare for your college student’s medical needs while away at college. Do you need a HIPAA document? What does a HIPAA document do and what does it NOT do? How to deal with your insurance company for your over 18 year old child.
Things to know about HIPAA and your adult child:
- A hospital/ER will contact the next of kin if your child is unconscious. Your child does not legally become a ward of the hospital or government if they cannot speak for themselves. However, the provider has to figure out who the next of kin is. Tell your child to put you as their “emergency contact” on any and every piece of paper they fill out in a healthcare situation especially if it is confusing who the next of kin is. (divorces, parents are not the guardians, etc)
- There is no place to “file” your HIPAA documents with your child’s college. They are documents you and your child will keep and present should you need them.
- Having a HIPAA document does not entitle you to a phone call in every situation. Your child’s dentist, therapist, doctor will not call you every time they make an appointment in the same way the offices do not call whomever you have authorized as an emergency contact or person with HIPAA access to your medical records. For example no one calls your spouse every time you go to the doctor. “Mr. Jones, we want you to know your wife made an appointment with us for next Tuesday.”
- Your child can revoke your access anytime they choose and in any situation even if they have signed a HIPAA release with you. If they don’t want you informed they went to the ER after drinking too much, you will not be informed.
- Your relationship and communication with your child are everything.
Understanding HIPAA and FERPA: Your biggest issue will be with your insurance company
It doesn’t matter that you pay for the insurance. It doesn’t matter that you will be paying all deductibles and co-pays. An insurance company will not talk to you about your child’s claim without a HIPAA release. At 18 your child has no idea how to talk to them, so you will need a HIPAA document. We recommend Mama Bear Legal Forms. It is cheap and easy to get your HIPAA documents done through them, so do it now.
You can read our full review here:
Mama Bear Legal Forms Review: NPP Reports
Our NPP Mama Bear Legal Forms Review has some answers for you. Do you want to know how to protect your adult child in the case of a medical emergency? What happens if your child is out of state and there is an emergency? Did you know that your rights to make medical decisions for your child end when they turn 18? Sometimes younger?
Understanding HIPAA and FERPA: What is FERPA?
The Department of Education explains FERPA as:
The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
So, yes, you read that right. When your student goes to college, you are not legally permitted to access their education records. Again, it does not matter that you are paying for college. You may not see their classes or grades or discuss them with a professor or dean unless you have a FERPA release from your student. We recommend Mama Bear Legal Forms for your FERPA documents as well. Quick and easy. Get it done!
Understanding HIPAA and FERPA: When your child turns 18
We have a full post about everything you need to know when your child turns 18.
When You Have An 18 Year Old
Do you have a college freshman? A teen who is turning 18? Get ready for things to change in more ways than one. Your parental rights are about gone when you have an 18 year old!
Understanding HIPAA and FERPA: More things to know as the parent of a college student
My husband, a physician, and I were interviewed for the One More Thing Podcast about college kids and healthcare. We shared our experiences and expertise as parents and as a healthcare professional.
Final Thoughts for Understanding HIPAA and FERPA
One of the scariest parts about releasing your child into the world is knowing the government sees them as adults even if they are still adults-in-training. Communication with your child and having the correct legal documents are the keys to this journey.
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Must Listen College Preparation Podcasts
4 Best Books for Parenting Adult Children
How to Get Ready for College: What to Know!
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