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Subject: Re: Question for University Records Managers
From: Chris Flynn <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Wed, 15 Oct 2003 14:24:12 -0700
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ND?
That wouldn't be North Dakota would it?
It is my understanding that HIPAA and FERPA do not apply in ND. I could be
wrong about that.
The best answer in cases like this is that the longer retention period would
apply.
I am dealing with a similar issue in our College of Law. They keep the
student file permanently. I have recommended that they list the documents
types in the file that need to be kept and list those records that can be
disposed of 5 years from last date of contact. See if you can't convince
them of that otherwise it sounds like you are stuck for it.

Chris Flynn

-----Original Message-----
From: Susan Carlson [mailto:[log in to unmask]]
Sent: Wednesday, October 15, 2003 2:14 PM
To: [log in to unmask]
Subject: Question for University Records Managers


Hi All!

I need some advice about student athlete records.  Those of you that have
training rooms and provide medical treatment to student athletes:

We have a sports medicine department that provides medical treatment to our
athletes.  We have a separate medical record for each student athlete that
is seen in the training room.  I view those records as a medical record.
However, when visiting with legal counsel she was concerned that perhaps
those medical records should be included as part of their academic record.
The concern, I think, is if FERPA (Family Educational Rights and Privacy
Act) applies.  Perhaps I am misunderstanding this but because they are
students first and foremost FERPA applies (student records are confidential
etc.) but the record is a medical record (HIPAA would apply) not an academic
record.  The question is this, medical records retention is "until patient
reaches age 19 OR date of last treatment plus 6 years."  Academic records
are maintained permanently.  If the athlete who was treated for a pulled
hamstring has finished school and the retention time has been met why would
we want to say those medical records are part of his/her academic record?
And keep them permanently?

Does anyone have any experience with a similar issue?  Did you treat the
athlete's medical record as a medical record or has part of their academic
record?

Thanks for any and all assistance!


Susan Carlson, CRM
Records Manager
Records & Information Management Program
UND School of Medicine and Health Sciences
PO Box 9037
Grand Forks, ND  58202
Phone (701) 777-6122
Email:  [log in to unmask]

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