Privacy Concerns Don't Overshadow Public Safety on Campus

Madison, Wis.—February 22, 2008 — When a student is in distress, signs are usually scattered across campus. A multi-disciplinary College or University Behavioral Intervention Team (CUBIT) can pull these signs together and respond in a coordinated, effective way. But how can team members share information with one another without violating the student’s privacy rights?

Actually, privacy law does allow CUBIT members to share the information in most cases. During a recent online seminar, participants learned why.

During the seminar, presenters Brett Sokolow and Scott Lewis reviewed the nuances of
• the Federal Educational Rights and Privacy Act (FERPA)
• the Health Insurance Portability and Accountability Act (HIPAA)
• mental health counselor privilege

These factors limit the CUBIT’s work less often that most campuses realize, said presenters Brett Sokolow, president of the National Center for Higher Education Risk Management, and Scott Lewis, the University of South Carolina’s assistant vice provost for judicial affairs.

For example, a simple two-part analysis can help determine whether HIPAA limits sharing a student’s counseling or health center records:
1) Does the center transmit electronic data about patients, such as health insurance or billing information?
2) Does the center treat community members in addition to students?

If the answers are “no,” HIPAA does not apply, Sokolow and Lewis said.

Sokolow and Lewis also addressed how the Clery Act’s “timely warning” requirement and how the Americans with Disabilities Act affect a CUBIT’s work.

If you missed the live event, you can order the program in CD or transcript format, both of which include the presenters' handouts.

Magna Publications is a leading publisher of newsletters and other information products in the higher education segment. Magna also manages onsite and online conferences on topics of interest to higher education.

For more information please contact David Burns, Publisher, Magna Publications, Inc., at 608-227-8109, or dburns@magnapubs.com.