Member Questions

HIPAA/ FERPA Guidelines

Written by Jordan Kivley | May 25, 2018 12:47:34 AM

Q: I have a question:  What are the rules or guidelines for C.E. departments to comply with HIPAA?  Some of our workforce training programs are funded by federal grants that require participants to pass a physical assessment and a five-panel drug test.   I’ve found other colleges have their C.E. departments comply with FERPA, but are there any other HIPAA standards we need to be aware of? I haven’t found a definitive answer so far…not even on the HIPAA federal website.

I’d prefer to err on the side of caution for this one.  Any help you can give is greatly appreciated.


A: Anita, The requirements for FERPA, as you know, refer to educational records. When health records such as physical assessment or drug test results become part of the educational data, it seems possible that the regulations of FERPA would be in force. However, as a non-attorney, I cannot accurately interpret either of these laws. I suggest you contact your institution's legal advisers for an opinion on this question. If you want to review the stipulations of FERPA, here is the website.