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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We provide software and services to school districts. The

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We provide software and services to school districts. The software tracks student's progress in an ABA (applied behavior analysis) program for children on the autism spectrum. Our application access is a simple user name and password. We are a for-profit company. Are we considered a covered entity?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are selling the software to an entity covered by privacy laws, then you must protect your access in accordance with the privacy laws, this is no different than a non-healthcare business doing work for a covered healthcare provider/insurer, they must comply with the rules governing the covered entity as an agent to the covered entity. Thus, you need to protect the data access under the FERPA privacy rules, but as you nor the school are healthcare providers or healthcare insurers HIPAA does not make the school a covered entity so it would not be under HIPAA rules. Here is an article on FERPA computer security for information purposes.



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