HIPAA & Electronic Health Records

The Health Insurance Portability and Privacy Act of 1996 and its related HIPPA Privacy Rule of 2003 set standards governing the protection of personal medical records. Here's a quick rundown of how those two measures affect the use of electronic health records.

Considerations

• Just about every medical record kept on you is maintained in electronic format, even if it began orally or as a handwritten note, which means HIPPA covers nearly all your recorded medical information.

Types

• HIPPA covers all electronic medical files relating to your physical and mental health that is kept by a health care provider, health care plan or health care clearinghouse.

Misconceptions

• Not every entity that has access to your electronic medical records is covered by HIPPA. These include insurance companies, law enforcement agencies and agencies that deliver welfare and social security benefits.

Features

• You cannot control every instance in which your electronic health record may be shared. For example, your consent to share information is not needed when your information is used for treatment or payment purposes.

Authorization Needed

• Your authorization to share your electronic health record is needed when the information will be used for marketing purposes---such as for a company that wants to sell you medication based on a condition you may have---or what that information relates to psychotherapy treatments.