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By Greg Garner
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 led to significant changes in the way health care providers handle the information they get from their patients. It is important to know that HIPAA doesn’t just cover health care providers such as most doctors, clinics, hospitals, psychologists, dentists, and pharmacists that conduct their business electronically. The entities that are covered by HIPAA also include health plans like health insurance companies, HMOs, company health plans, and some government health care programs such as Medicare. Health care clearinghouses that are defined as those that process nonstandard health information into a standard are also covered by HIPAA.
The Privacy Rule included in HIPAA provides federal protections that have been put in place to protect the privacy of personal health information handled by covered entities. HIPAA, however, doesn’t just arbitrarily place restrictions on how this information is handled. The Privacy rule strikes a balance so that patient information can still be disclosed by health care providers without patient approval in certain situations. Here’s a closer look at what the Privacy Rule does and does not allow.
1.
Health care providers can still freely share patient information even without a signed authorization from the patient involved if it is for the sake of treatment. Essentially, a physician can still consult with, for example, a specialist for the purpose of treating a patient without asking for the patient’s authorization first.
2.
The Privacy Rule recognizes that it is not practicable and nearly impossible to fully protect against incidental disclosures. The Privacy Rule still permits certain incidental uses and disclosures of private patient information as long as the covered entities have reasonable safeguards and necessary policies procedures in place to protect the privacy of their patients.
3.
Health care providers can still communicate with the families and friends of patients as long as the patient does not object. Under the Privacy Rule, health care providers can share and disclose information with those who the patient identifies as being involved with his or her care. In the event that a patient becomes incapacitated, health care providers are allowed to share the appropriate information if it is in the patient’s best interest.
4.
Unless the patient objects, basic information like phone numbers, room numbers, and the patient’s general condition can be listed in the hospital directory or given out to people who ask for or come to visit the patient. Health care providers can also give out basic information to clergy even if the patient is not asked for by name. The Privacy Rule also does not prevent one from reporting child abuse or neglect to the proper authorities.
5.
Finally, the Privacy Rule allows health care providers to continue communicating with their patients through electronic means such as through email, phone, or fax. As it is with incidental disclosures, this is allowed as long as appropriate safeguards that are used to ensure the privacy of patients are implemented.
When undergoing training for HIPAA certification, the Privacy Rule will be among the many topics discussed.
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