This paper examines key provisions of the Health Insurance Portability and Accountability Act (HIPAA) as they apply to healthcare information privacy. It addresses four core areas: patient rights to access medical records under HIPAA, the fifteen recognized circumstances under which protected health information may be disclosed for non-healthcare purposes, the requirements for covered entities to maintain written privacy policies and notify patients of their rights, and the obligations of covered entities regarding employee privacy training, designated privacy officials, and the consequences of policy violations.
HIPAA rules require patients to request their medical records formally through a written request specifying the information sought. Patients may also submit such requests through guardians or personal representatives. Beyond this formal written requirement, HIPAA rules do not otherwise restrict patient access to records. The sole purpose of the written request requirement is not to limit or complicate access, but to protect information against unauthorized release and to establish a formal record of the request for the same reason (Tong, 2007).
Personal health information may be used for purposes unrelated to healthcare under the following circumstances: (1) where required by federal, state, or tribal law; (2) by request from public health officials with public health concerns; (3) for the protection of others — for example, reporting abuse, neglect, or domestic violence; (4) by request from criminal investigators, court orders, and subpoenas; (5) in connection with certain kinds of research; (6) where necessary for administrative oversight; (7) where necessary for the investigation of workers' compensation claims; (8) as necessary to safeguard the health and welfare of the patient or others; (9) for patient estate administration and funeral arrangements; (10) for the protection of the health and safety of inmates and correctional staff; (11) to protect the life of the U.S. President; (12) to protect essential government functions; (13) to protect military operations; (14) to verify federal program eligibility; and (15) to confirm suitability for various kinds of government employment (USDHHSOCR, 2003).
Covered entities must maintain and implement written privacy policies and procedures in order to comply with protected health information privacy rules. Those entities must also arrange for employee awareness training on HIPAA privacy concepts. They must provide regular assessment procedures to measure compliance with HIPAA rules and related principles and policies pertaining to the electronic transfer of protected information. Finally, HIPAA rules require that covered entities issue patients written privacy policy notices that include patients' rights to complain about HIPAA violations (USDHHSOCR, 2003; Tong, 2007).
"Privacy official role, training requirements, and penalties"
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