Confidentiality of Health Records

Confidentiality of Health Records

The privacy of your health information is important to all of us at Stamps Health Services.   This Notice will tell you about the way we protect that privacy by complying with the Family Educational Rights and Privacy Act (FERPA).

What is FERPA?

FERPA is a federal law that protects the privacy of students’ “education records.” Under FERPA, “education records” are very broadly defined as records that are directly related to a student and are kept by an educational agency or institution, or someone acting for the agency or institution. 

How does FERPA apply to my records at the Stamps Health Services?

Under FERPA, the records maintained by Stamps Health Services are either “treatment records” or “education records.”   The majority of records maintained at Stamps Health Services are considered to be “treatment records” under FERPA, including the records created by your healthcare provider while providing you with care. “Treatment records” are records that are made or maintained by a health care professional; are used only for your medical treatment; and are only available to treatment providers.

How does Stamps Health Services use my Treatment Records?

Stamps Health Services uses your treatment records to provide you with healthcare services.  We may disclose your records to other healthcare providers who are also providing you with treatment without your consent.  In general, however, we will ask you to sign a written consent form before we provide your information to another healthcare provider that is outside of this facility.  If there is an emergency situation, we may provide this information to other providers for your treatment without having you sign a written consent.

Can my Stamps Health Services treatment records be shared with people other than healthcare providers without my consent?

Under most circumstances, you will need to sign a written consent before we disclose your treatment records, but the FERPA regulations also list some circumstances under which your records may be disclosed without your prior written consent. In the following circumstances, as permitted by FERPA regulations, we may disclose your records without your written consent:  (a) to comply with a judicial order or lawful subpoena; (b) disclosure to the court in connection with a legal proceeding involving the University and you or your parents; and (c) disclosure in connection with a health or safety emergency if knowledge of the information is necessary to protect the health and safety of you or other persons. The FERPA regulations also list other situations in which we may disclose your records without your prior written consent.

Can I make a request to see my Stamps Health Services records?

Yes, you may make a written request to see your treatment records.  We may provide you with copies of the records or arrange for a healthcare provider to be with you when you review them in order to explain the records and/or answer your questions.  However, when your treatment records are disclosed to you in this manner, they are considered education records (and no longer treatment records) and are covered by FERPA regulations governing education records.

At other healthcare providers, I’ve been told that the Health Insurance Portability and Accountability Act (HIPAA) applies to my health records. Why doesn’t HIPAA apply to my Georgia Tech Student Stamps Health Services records?

Stamps Health Services is covered by both FERPA and HIPAA regulations. Federal regulations now make clear that Education Records and Treatment Records are excluded from coverage under the HIPAA Privacy and Security Rules. Accordingly, the FERPA regulations prescribe the federal rules that Stamps Health Services must follow in protecting the privacy of a student’s medical and mental health records. If you receive health care from an outside provider or Hospital, then the HIPAA regulations will apply to the records maintained by those facilities. Of course, Stamps Health Services also complies with any applicable state laws and Georgia Institute of Technology policies regarding the privacy and confidentiality of healthcare records. When non-students are seen at Stamps Health Services, HIPAA regulations apply to all of the non-student health records.

  • The HIPAA Privacy Rule requires Stamps to distribute a notice that provides a clear, user-friendly explanation of individuals rights with respect to their personal health information and the privacy practices of Stamps.

    ENGLISH VERSION

    SPANISH VERSION

Where may I direct any other questions I may have about the privacy protections for my Stamps Health Services records?

You may contact the Stamps Privacy Officer at 404-894-0074 or email privacy@health.gatech.edu.