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Do People Have Rights at Free Clinics?

Individuals attending free clinics may be concerned about personal privacy and access to personal information. Knowing what the laws and rules are may change how and where an individual finds medical attention.

  1. History

    • Congress passed the Health Insurance Portability & Accountability Act (HIPAA) in 1996. This act sets a national standard for the protection of privacy of health care information. States can enact individual laws to give patients greater rights and privacy, but HIPAA guarantees a minimum.

    Considerations

    • If a health care provider or free clinic is covered under HIPAA, patients have the full medical and privacy rights designated in that act. Free clinics do not have to comply with HIPAA rules if they do not use computers to send information electronically. Most clinics that accept insurance will have to electronically transfer information, and thus, comply with HIPAA. However, clinics that do not take insurance information from anyone and do not transfer information electronically for administrative purposes do not have to comply with HIPAA.

    Variations

    • Rights related to health care information vary by state. Many state laws regarding privacy and access to personal information apply to any health care provider, including free clinics, that maintains records, regardless of whether or not that information is transmitted electronically.

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