HIPAA Affect the Patients Access

¶ … HIPAA affect the patients access to his or her medical records? If so, describe the effect and the procedure for obtaining access.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) added provisions to existing rights to privacy. Patients are guaranteed access to their medical records except in extreme cases when doctors deem the release of that information to be harmful. In most cases, patients simply need to make a formal request to their health care institution, their doctor, or to their insurance provider. If the request is denied, then the patient should point to the HIPAA code to prove that access is legally guaranteed. The patient is guaranteed access to his or her own medical records within thirty days of the request.

Under what circumstances can personal health information be used for purposes unrelated to health care? (Hint: there should be at least 12 circumstances)

Personal health information can be used for purposes unrelated to health care in the following situations. One of the most common circumstances in which personal health records are released is for children in public schools: to make sure immunizations are up-to-date, to ensure public safety and to prevent contagious illnesses. Similarly, personal health records may be necessary for use in general public health and safety concerns. Insurance companies frequently use personal health information to determine whether or not to provide coverage or to determine what coverage to provide. In some cases, personal health information is used for hiring or firing purposes. Especially in fields in which employee health and safety are at stake, the release of personal health information may be necessary. Minors have little control over their personal health information.

An applicant to the armed forces or other governmental agencies might request access to an individuals health records. Other situations include releasing personal health records during lawsuits to determine if a plaintiff has a rightful claim to damages. Health records may be requested when a person wants to get married or divorced. Personal health records may be released upon applying for certain types of licenses: including professional licenses but also ordinary driver's licenses. In rare cases, personal health information may be released to interested parties during the purchase of a home or for any legal contract. Law enforcement may request personal health information during the course of an investigation. Some types of marketing are even covered under HIPAA privacy rules. If the marketing claims to be medically expedient then personal health records may be released.

3. Are there requirements for covered entities to have written privacy policies? If so, what has to be addressed in the policy?

Yes, covered entities do need written privacy policies. Those policies address the specific circumstances the covered entity might release his or her personal health information. For example, a person might authorize a personal representative to access personal health information and make medical decisions in emergencies: when the individual is incapacitated, unconscious, or otherwise unable to make conscious decisions. The written privacy policy must also include limitations to access: for example, limitations to access of information given to employers, marketing researchers, or other non-medical organizations.