The Health Insurance Portability And Accountability Act

836 Words Nov 7th, 2015 4 Pages
In 1996, the Health Insurance Portability and Accountability Act (HIPAA) was passed. According to Judson, Harrison “Law & Ethics for Medical Careers.” The purpose of HIPAA was to, “ protect privacy and other health care rights for patients,” according to Judson, Harrison “ Law & Ethics for Medical Careers.”

HIPAA does affect a patient 's right to access his or her medical records, as well as determine who can see their information. According to HHS.gov, “Only you or your personal representative has the right to access your records.” This corresponds very well with the Privacy Rule established in 1974, which was designed to forbid any health information to be used for any other reason than the initial one. However, HIPAA does not allow a patient to view Provider 's Psychotherapy notes. Those specific notes are used for Mental Health reasons only, therefore, are kept separately, then the patient 's normal medical records. Nonetheless, if a patient 's feels that their rights are being denied, with the Privacy Rule, being complaint-driven, the patient must file a complaint to the Secretary of Health and Human Services. Overall patients access to their medical records is almost guaranteed, except for a few exceptions as previously mentioned.

Now with regards to a patient feeling like their rights are being denied, “HIPAA does not give patients the express right to sue,” as stated in (Judson, Harrison “Law and Ethics for Medical Careers.”) Rather they encourage patients…
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