Aspects of HIPAA Law

Most people feel that their health care information should be treated with the highest degree of confidentiality. Many states have had laws in place for decades to protect patient privacy. As the members of Congress considered laws to protect employees' rights to health care under group medical coverage, they realized the need for national standards to protect health information. The Health Insurance Portability and Accountability Act (HIPAA) provided a solution.

History

• The U.S. Congress enacted HIPAA in August 1996. HIPAA allows employees to qualify for comparable health care immediately after changing their employment relationships. The act also allowed the Department of Health and Human Services to set medical and administrative codes for the use of electronic medical data. The act mandated implementation of national identification systems for patients, health care providers, insurance plans and employees. It also included a security and privacy measure to protect patients' health care information.

Purpose

• HIPAA has two parts, a security rule and a privacy rule. The privacy rule guarantees that your health information is protected, although it can be used by the appropriate entities to provide high-quality health care and protect public health. The security rule protects electronic medical information and charges health plans and health care providers with the responsibility of protecting health information to prevent its misuse. HIPAA provides uniform enforcement of security and privacy nationwide.

Coverage

• HIPAA covers information providers put in your medical records and computer systems, conversations between patients and health care providers and billing information. Health care providers must limit who can access patient information. They have the responsibility to train their employees to uphold all regulations under HIPAA. Health care providers and insurance companies must designate personnel to secure information when using technology such as computerized physician order entries, and pharmacy or laboratory systems.

Exceptions

• Health care providers can share information with other providers to coordinate patients' treatments. They can also report certain information to public health officials and the police. When necessary, health care providers and facilities can provide information to insurance providers for payment. With your approval, health care providers can share information with family members who are involved in your care. Health care providers may ask to use your information for marketing or advertising of products and procedures. You can accept or decline this request; if you accept, the health care provider will ask you to sign a consent form.

Considerations

• Under HIPAA, health care providers must grant your request for a copy of your medical records and have corrections added if you request them. At any time you may request to know how much of your information was shared, with whom and for what purpose. If you feel that your rights under HIPAA are being violated, you can file a complaint with your health care provider, insurance company or the government.