Privacy rule. This rule prohibits “covered entities” from releasing patient health care information unless the patient agrees to the release. Covered entities include health plans (e.g., health insurance companies), most health care providers and health information clearinghouses. This affects you in several ways, some common examples are:
1) Your doctor’s office. The information release form at your doctor’s office or medical facility is required because of HIPPA. Many people think they need to sign this, without changes, before receiving care. This is incorrect. Before signing this release read it carefully. You may line through any of the listed potential recipients if you do not want them to receive your information, I routinely cross out my employer and everyone else other than my insurance company and other health care providers. You can always approve release of information to someone else at a later date, if and when it becomes necessary.
2) Medical results. When you are waiting for results of a medical procedure or test, your health care provider will not leave you a phone message with the information. You either have to contact the health care provider to receive the information “live” or sign a release allowing them to leave messages.
3) Making decisions in a crisis. Without the proper documents, health care providers may not share the information with your relatives, even if you are critically ill and unable to make decisions for yourself. To protect yourself and your relatives, you should sign a health care power of attorney, designating people to make decision for you, and a HIPAA release form which allows health care providers to release information without facing legal action.
Patient Access. You have a right to obtain a copy of all your medical records for whatever use you may want. Some uses include: providing information to another health care provider no matter whether “main stream” or alternative care; providing documentation for an ADA accommodation, workers compensation claim, disability retirement claim, and collecting information to provide evidence in legal proceedings. Any information you obtain should be guarded by you to maintain your privacy.
HIPAA provides you much access to your medical information and limits other’s access. However, it does not provide all the protection you may want as it does not apply to your employers, schools, state agencies, law enforcement and life insurers. There are some state laws and common law that provide some additional protection in these situations. Here are some suggestions to get additional privacy protection:
– Limit who you provide information to. Do not discuss your medical condition with colleagues or others unless they need to know to provide care to you. For example, colleagues may need to be told how to care for you if you go into diabetic shock.
– Limit what you share with others. When requesting a benefit, such as an ADA accommodation, provide only the information needed for the application. Usually you can avoid providing any specific diagnosis or other specific information.
– Add a written warning to all information you provide for receiving a benefit. This warning should say that the information is provided solely for the application of the stated benefit and may not be used for any other purpose(s), that the individual receiving the information cannot share it with anyone unless they receive your written permission and if the information is released without your permission or used for another purpose the recipient may be liable under criminal or civil law.
– If your privacy is violated by someone, obtain legal counsel to understand your rights in your jurisdiction. You may be eligible for monetary compensation or corrective actions.
In summary, protecting your medical information is important. It can and may be used against you. It is easier to avoid releasing information than it is to stop its dissemination once you have released it.
Note: This is not legal advice. I'm not your attorney. This provides general information which may help you in deciding what to ask your lawyer.
Nancy Mayer, Attorney-at-law
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