Q&A: HIPAA requirements for college campus health centers

March 22, 2018

Medicare Web

Q. Are HIPAA requirements different for college campus health centers than for larger facilities or private practices? For instance, would a college campus health center be permitted to disclose information about students who are patients to faculty members if the health center believed a student's condition may affect his or her ability to come to class or complete assignments? What if the health center believed the student may be a danger to himself or herself, or to others?

A. Keep in mind that the HIPAA Privacy Rule applies only to CEs established under the law. They are:

Health plans (with the exception of the workers’ compensation program)
Healthcare clearinghouses
Healthcare providers that transmit health information in electronic form using standard transactions (for most healthcare providers, this means they are billing electronically for their services)

If the campus health center is not billing electronically or using other standard transactions (such as eligibility inquiries), it is not a CE and is not required to comply with the HIPAA Privacy Rule. However, the health center should still be careful to protect student privacy. Information should not be disclosed to faculty members about a student’s health unless the student agrees to the disclosure. To avoid misunderstandings (and potential lawsuits), it would be a good idea to have the student sign a written request to have information shared with the student’s professors. Or, the student could be given a written “excuse” that the student can then provide to faculty members.

If the student is believed to be a danger to himself or herself, or to others, many healthcare providers have a “duty to warn” or “duty to protect” under state law. A healthcare professional (usually a mental health professional) may be permitted or required to notify the intended victim and law enforcement officials of credible threats made by the patient. For more information on specific state laws, check the website of the National Conference of State Legislatures, www.ncsl.org. Click on the “Table: State Laws” link under “Table of Contents.”