FERPA/HIPAA help?

[katherinethetoad]

Upon being accepted into the nursing program, I was required to provide my health history, physical exam, and vaccinations. Two days before my second semester of clinicals, my school informs me that they "don't have" about half of the records that I turned in. I have to get them by Friday, or I can't start clinicals. I had physically handed the records to the woman in charge, did NOT email or USPS them.

I was able to obtain duplicate copies of all of this, so I'll be able to start clinicals on Monday. However, nobody at the school seems at all concerned with the fact that my (and several other students') medical records have been lost! Isn't this considered sensitive information?! I feel like if I were to "lose" a portion of a patient's record, it would be a HUGE deal.

What should I do about this? Thank yall very much!

[nurseprnRN, BSN, RN]

I would make a brief report about your experience in as neutral language as I could muster and give it to my first nursing instructor, who will doubtless understand the ramifications and see it through channels. Check back with him/her in a week or two to see what happened if you don't hear back.

For next time: Always make copies of anything you give/send to anyone, and always get a receipt (green card for certified mail, handwritten from personal contact).

[Esme12, ASN, BSN, RN]

FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
  
  
• Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
  

Which is not inclusive of your medical records. The question is that is the college a "covered entity", College Health Resources: HIPAA/Medical Records, that is regulated by HIPAA or by signing the release of your records by the covered entity releases them as well. Breach Notification Rule

I would write a letter to the nursing facility and politely request they find your records.