HIPAA Hospital Privacy Laws

HIPPA stands for "Health Insurance Privacy and Accountability Act," which is a set of federal laws enacted in 1996 and regulated by the U.S. Department of Health and Human Services. HIPAA's privacy rules protect patients from illegal disclosure of their medical information. Special provisions allow hospitals to release patient information in specific situations.

Patient Control Over Information

• Under HIPAA laws, all patients must be informed of how their health records will be used. Patients have the right to restrict or object to the use of their medical information.

Hospital Directory Laws

• Hospitals may list the following information regarding their patient (unless the patient objects): patient name, their location in the hospital, their general condition and religious affiliation.

HIPAA Guidelines for Minors

• Parents or guardians control the release of medical information and all other private medical issues pertaining to their minor children under the age of 18.

Emergencies

• HIPAA laws have special provisions for emergency situations when the patient is incapacitated or otherwise unable to agree to the use of their medical records. Hospital health care providers may share a patient's medical information if the patient signed a prior legal release allowing their medical information to be used in emergency situations. The use of medical information is up to the discretion of the health care provider if no prior release exists.

Confidential Information

• Many states have privacy laws that place extra restrictions on certain types of confidential medical information. This may include the patient's HIV/AIDS status and whether the patient participates in a drug or alcohol treatment program.

Special Situations

• In the event of a disaster, hospitals can release the names of patients undergoing treatments related to the disaster, but their information may only be released to public and private entities legally authorized to assist in disaster recovery. Deaths are another special circumstance. Hospitals are required by law to report any deaths, regardless of the deceased patients' HIPAA restrictions.

HIPAA Laws for Clergy

• Clergy members may request access to hospital records to locate members of their congregation. This information can only be made available if the patient has agreed to allow clergy members access to this information.