Privacy Rules Under The HIPAA
The HIPAA privacy rule is most likely not something alien to you. You have most likely had to sign the HIPAA form that your doctor keeps in your personal medical records. If you have been hospitalized before, or had any medical tests of any form, then you would have had to sign a HIPAA form in addition to the regular consent papers. This article will explore in greater detail the rules and regulations set in place by the HIPAA privacy rule.
The Health Insurance Portability and Accountability Act was passed by Congress in 1996 in order to provide individuals with greater protection in matters of insurance and associated privacy rights. It was also designed to improve the standard of efficiency and security in the exchange of health care data. The HIPAA privacy rule took effect in 2003, and was put in place to protect the personal medical information of individuals such as their health care, status of payment for health care, and their actual health status. In simple terms, the Privacy Rule protects the medical records and health care payment history of an individual.
Effects of the HIPAA Privacy Rule on individuals
Included among the provisions of the Privacy Rule is the right of any individual to request that any information proved to be inaccurate be cleared from their private records. An individual is also entitled to privacy in terms of personal details and information such as his or her home telephone number. If they do not wish for such details to be disclosed, then their wishes must be respected by law. The Privacy Law also entitles individuals to receive a copy of their medical records within thirty days from the time of their request. If an individual believes that his or her confidentiality has been breached, then he or she may make a formal complaint to the Office for Civil Rights within the Department of Health and Human Services.
Health care agencies and the HIPAA Privacy Rule
Health care agencies affected by the HIPAA privacy rule must ensure that the privacy and confidentiality of an individual's medical records and payment history are protected. The only exception occurs when the agency suspects the individual of being guilty of child abuse, and must report such people to the proper authorities. If a request for personal health care information is filed, then the agency must first obtain a signed authorization from the individual in question before they are allowed to release any information. The agency must only release as much information as is necessary, and no more than that. The company must also have a privacy policy as well as a Privacy Official. Someone must also be trained to receive and handle all complaints, and staff must be instructed in following the privacy procedures of the company.
While the HIPAA Privacy Rule may seem unnecessary, it is more than just a sadistic rule set in place to further burden already overworked health care professionals. If at some point in your life you suffer from a medical condition, then you will be grateful for the privacy that the HIPAA Privacy Rule awards you, allowing both your medical files and payment history to remain confidential unless you choose otherwise. Of course, the Privacy Rule will not extend to those things that must be reported to the proper authorities, such as child abuse. In this era of near instant communication thanks to the internet and other technological advancements, this protection of personal privacy is indeed a welcome change to most individuals.