April 22nd, 2011 James Hurst, PhD, Director of Student Counseling Center & Clinical Assistant Professor in Counseling and Human Services, Indiana

Transcription

1 April 22nd, 2011 James Hurst, PhD, Director of Student Counseling Center & Clinical Assistant Professor in Counseling and Human Services, Indiana University South Bend Jim Hasse, PhD, Director, Disability Support Services, Indiana University South Bend Gregory Essig, PhD, Staff Psychologist, Student Counseling Center, Indiana University South Bend

2 FERPA, HIPAA, and state laws can appear to block effective communication in Higher Ed Primary goal is to understand these guidelines in order to facilitate an environment that fosters communication that matters

3 Briefly Discuss the Virginia Tech Tragedy FERPA Myths HIPAA/Mental Health Laws Case Examples Questions

4 April 16, 2007, 32 students killed and 17 wounded over 2 hour period at two sites Shooter,(Cho),had been involved with multiple campus offices in 2005 and 2006 for issues related to mental instability and misbehavior December, 2005, he was hospitalized and court-ordered to counseling but did not follow-up after initial triage

5 VT officials did not adequately communicate with each other or parents Officials wrongly believed FERPA/HIPAA prohibited them fully disclosing all concerns Counseling center and Care Team failed to provide needed support and services for lack of resources, incorrect interpretation of privacy laws and passivity.

6 Importance of sharing past and present collateral information FERPA removed strictly construed provision Importance of appropriate follow-up for students who do not follow-through with services It is better to error on the side of communication of concerns vs. passivity

7 FERPA (Family Educational Rights and Privacy Act) Protects student education records Student has the right to: Inspect and review their records. Request amendment of inaccuracies. Provide written consent before the disclosure of information, except where otherwise permitted. File a complaint with Family Policy Compliance Office.

8 FERPA Myth: FERPA applies to any and all information about a student. Reality: FERPA applies to the disclosure of records, not information in general. Personal knowledge, observations, communications, etc. are not governed by FERPA.

9 FERPA Myth: Student consent is always required for disclosure of student records Reality: FERPA records can be disclosed when there is a legitimate educational reason for doing so. Done to fulfill his/her professional responsibility

10 FERPA Myth: Be absolutely sure there is a health or safety emergency before disclosing FERPA-governed information. Reality: Act in good faith on the basis of available information You cannot be sued for a FERPA violation.

11 Information can be disclosed w/o consent: To individuals employed in the same facility Needed others involved in the client s mental health care (IC ) Law enforcement if: Bodily harm of client or another is of significant concern Client commits or threatens to commit a crime in a facility or against another In a health care emergency Otherwise consent must be obtained Even in exceptions an effort should be made to obtain consent

12 HIPPA: Applies to PHI (protected health information = personal health information) Mental health treatment records are not subject to HIPAA However, it provides guidelines for appropriate transmission of PHI Schools have the option to adopt HIPAA standards Clients or students have a right to inspect, obtain a copy, or request changes of their records Unless doing so would be harmful to client or another

13 HIPAA sets forth: Standards for managing/protecting PHI Only those who should/need access to PHI - Do FERPA information is excluded from HIPAA All transmissions must include privacy clauses Ex: The fax or and any files transmitted with it are confidential and intended solely Note, Once PHI leaves a mental health or medical facility and becomes a record in another school department it goes under FERPA

14 Clinicians can always receive information Disclosure in risk assessment should be evaluated on a case-by-case basis IHEs can require a ROI limited to the documentation of a student s mental health treatment if directed to reduce harm. It is good practice to document everything (e.g., decision-making processes, actions taking, etc.) When in doubt Consult!

15 A student reports to her instructor that she is in an abusive relationship with her boyfriend which is one reason she can t get her assignments completed on time. She asks you not to share this with anyone else because he has only threatened to beat her more if she tells anyone.

16 A student makes repeated suicidal statements and reports a history of abuse by his parents to several campus officials who have determined that he may not always be telling them the truth. His suicidal statements escalate and the question arises of whether or not his parents should be notified.

17 A mother phones an instructor concerned because she just found out that her son has not been attending his classes for three weeks. She tells the instructor that she is entitled to get information about her son s classes under FERPA because she is paying for his tuition and he is a dependent of hers. When the instructor hesitates to provide her with any information, she threatens to sue.

18 You have a student whose peculiar behavior is starting to be a source of distraction, if not disruption, in the class. The student has a testing accommodation letter from DSS. You would like to know more about this student, but aren t sure if you should contact DSS, or maybe even the Counseling Center. Should you ask the student about their disability to determine if it is the reason for the behavior?

19 A student you are advising says that he is failing a class due to an attendance issue. He gives you a note from his psychiatrist, along with a diagnostic report. You find the content of the report to be rather disturbing and wonder if this student should even be in school. Is this FERPA protected information? Can or should you share this information?

20 U.S. Department of Health and Human Services, & U.S. Department of Education (2008). Joint guidance on the application of the family educational rights and privacy act (FERPA) and the health insurance portability and accountability act of 1996 (HIPAA) to student health records. Retrieved March 3, 2011 from -hippa-guidance.pdf. McDonald, S. J. (2008). The family rights and privacy act: 7 myths and the truth. The Chronicle of Higher Education, 54, A53. Retrieved March 3, 2011 from The Jed Foundation (2008). Student mental health and the law: A resource for institutions of higher education. New York, NY: The JED Foundation.

21 Hixson, R., & Hunt-Unruh, D. (2008). Demystifying HIPAA. Annals, 11, Indiana State Psychology Board (2010). A compilation of the Indiana code and Indiana administrative code: 2010 edition. Indianapolis, IN: Indiana Professional Licensing Agency. IUSB Registrar FERPA Tutorial: html

22 Virginia Tech Review Panel (2007). Mass Shootings at Virginia Tech. tml