Dive Brief:
- The U.S. Department of Education is seeking feedback on draft guidance outlining when administrators can and cannot share student medical records when responding to a lawsuit.
- The guidance lists three exceptions to a general rule that schools should not share medical records unless they directly relate to the lawsuit at hand — like, for example, when a student sues over inadequate medical treatment.
- The standard and exceptions are explained fully in a Dear Colleague letter issued Tuesday, on which the department will accept comments until Oct. 2.
Dive Insight:
University of Oregon officials allegedly shared a student’s counseling records with an attorney to defend the institution in a lawsuit prompted by that student’s alleged rape by three basketball players, including a transfer student who was accused of rape at his former school. The case has prompted a national conversation over whether existing privacy laws sabotage a student’s expectation of confidentiality and whether those laws should be changed so as not to discourage students from seeking care on campus. College campuses often deal with overlapping and sometimes conflicting privacy regulations between FERPA and HIPAA.