HIPAA: Medical Privacy And Impact On Patient's Rights

HIPAA: Medical Privacy and Impact on Patient's Rights

Christian J. Patterson

Pharmacy Law and Ethics

PHM1140 Section: E

Thomas E. Green; Instructor

December 14, 2011

The healthcare industry needed a national standard for the protection of certain health information that pertained to patients. The U.S. Department of Health and Human Services ("HHS") issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996; better known as HIPAA. ( U.S Department of Health & Human Services). The U.S. Congress passed the HIPAA law to amend the Internal Revenue Code of 1986. (Centers for Medicare & Medicaid)

The primary goal of HIPPA was to allow workers and their dependents to maintain their current insurance when they left or changed jobs and the establishment of standards and requirements for electronic transmission of patient's healthcare information while keeping it private. The two goals were divided into two titles; Title I: Health Insurance Reform and Title II: Administrative Simplification.

Before the Health Insurance Portability Accountability Act was passed on August 21, 1996 (U.S Department of Health & Human Services) people with private health insurance did not have as many rights as patient's who had government issued insurances such as Medicare and Medicaid. For this reason the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) was passed. This law allowed employees and their family to maintain their current insurance for a short period of time; but this was paid at a higher price by the employee. This is all covered under Title I of HIPAA.

The Privacy Rule and the Administrative Simplification rule (Title II) applies to all health plans, health care clearing houses and any health care provider who transmit health information electronically. Health plans may include health, dental, vision, prescription insurers, health maintenance organizations (HMO's), Medicare, Medicaid and employer funded group coverage. Clearing houses receive patient's information for the means of helping insurance claims to get processed and paid.

HIPAA protects all "individually identifiable health information" (U.S Department of Health & Human Services) including but not limited to patient demographics that may relate to social security numbers, date of birth, past and present medical diagnosis and conditions and prescriptions.

As a result of the Privacy Rule of 2003 (Jahangir Moini, 2010) pharmacies have increased control over the way they manage and store patient information. The protected health information belongs to the patient and they should have access to their information and have the right to control who is able to view this information. Patients may obtain their PHI by signing a release of information; once this is signed the entity has 30 days to provide the requested information to the patient.

Health care providers and all covered entities have a duty to make sure that the patient's confidentiality is maintained at all times. All types of health care provider are held to HIPAA standards. The