Notice Regarding Confidentiality of Health Records Under the
Family Educational Rights & Privacy Act (FERPA)
The privacy of your health information is important to all of us at the University of Arizona Campus
Health Service (CHS). 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.” The University of
Arizona follows FERPA regulations because it receives funds that are administered by the United
States Department of Education. 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.
Does the University of Arizona have a policy that describes how it complies with FERPA?
Yes, the UA Registrar manages UA’s FERPA Program. For more information, visit the following
webpage:
https://www.registrar.arizona.edu/personal-information/family-educational-rights-and-
privacy-act-1974-ferpa . Under most circumstances, you will need to sign a written consent before
we disclose your Education Records, but the FERPA regulations also list some circumstances under
which your Education Records may be disclosed without your prior written consent.
How does FERPA apply to my records at Campus Health Service (CHS)?
Under FERPA, the records maintained by CHS are either “Treatment Records” or “Education
Records.” The majority of records maintained at CHS are considered to be Treatment Records
under FERPA, including the records created by your healthcare provider or counselor 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 or psychological treatment; and are available only
to treatment providers.
How does CHS use my Treatment Records?
CHS 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. In general, we
will ask you to sign a written consent form before we provide your information to another
healthcare provider for treatment. If there is an emergency situation, however, we may provide
this information to other providers for your treatment without having you sign a written
consent. At your request, we will also provide your Treatment Records to a physician or other
appropriate professional for review.
Can my CHS Treatment Records be shared with people other than healthcare providers
without my consent?
In general, we will ask you to sign a written consent before we disclose your CHS records to anyone
for a purpose other than treatment. In the following circumstances, as permitted by FERPA
regulations and UA policy, we may disclose your CHS 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. Additionally, the FERPA regulations also list other situations in
which we may disclose your CHS records without your prior written consent.
Can I make a request to see my CHS records?
Yes, you may make a written request to see your CHS 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 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 UA
CHS records?
UA CHS 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 UA Campus
Health Service must follow in protecting the privacy of a student’s medical and counseling
records. If you receive health care from a Banner University Medical Center or a Banner Clinic, then
the HIPAA regulations will apply to the records maintained by those facilities. Of course, all UA
facilities also comply with any applicable state laws and University policies regarding the privacy
and confidentiality of healthcare records, including CHS. When non-UA students (e.g., dependents,
UA faculty, staff) are seen at CHS, HIPAA regulations apply to all of the non-UA student’s health
records.
What about counseling or mental health records?
In addition to FERPA, there are other state laws that place additional privacy protections and
disclosure restrictions on mental health and counseling records, including records held at CHS.
Where may I direct any other questions I may have about the privacy protections for my UA
CHS records?
You may contact CHS Medical Records at (520) 621-4068 for student records inquiries or the UA
Privacy Officer at (520) 621-1465 or privacyoffice@email.arizona.edu
for non-UA student privacy
incidents.
March 2017
