Why Is Patient Privacy Important

Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.

Discuss what is required to disclose patient information to family members, friends, and when ordered by courts or government

The forms restrict access to patient’s information by seeking the patient’s permission to disclose such information in certain circumstances only. The forms thus must be available in the HIPAA compliance manual. The HIPAA forms are crucial in implementing access controls to keep track of the persons who access the patient’s information. The new patient forms include patient history forms, patient registration form, advanced directive to physician forms, authorization for use and disclosure of protected health information, HIPAA Contact Disclosure, HIPAA notice of privacy practices (Acknowledgement), and well-being assessment form.

Personal health information includes a patient’s name, address, birthdate and social security number. It also includes a person’s health or mental status whether it is in the past, present or future. HIPAA gives people the right to have access to their medical records. It also states that people have the right to either give consent or deny consent of their information being shared or released. All health care facilities, insurance companies, pharmacies, vision, and dental offices must adhere to the HIPAA guidelines. Though patients have a right to their information being kept confidential, their information may be shared for necessity in regards to treatment, billing, to protect the public health, and if the law requires disclosure. Penalties are set in place for violations of the HIPAA laws ("HIPAA summary,"

The impact of HIPAA with adhering to rules pertaining to confidentiality and release PHI (protected health information) HIPAA rules give you new rights to know about and to control how your health information gets used. Y our healthcare provider and your insurance company have to explain how they'll use and disclose health information. You can ask for copies of all this information, and make appropriate changes to it. If someone wants to share your health information, you have to give your formal consent. You have the right to complain to HHS (health and human services) about violations of HIPAA rules. Health information is to be used only for health purposes. In HIPAA under the Standards for Privacy of Individually Identifiable Health Information

The HIPAA Privacy Rule creates business processes to protect the use and disclosure of protected health information (PHI). PHI includes any information about health status, type of care, or payment related to care that can be related to an individual. The term is broad, and generally includes all information contained in a patient’s medical record and payment history. It includes demographics, in paper, electronic, or oral form. PHI is not limited to the documents contained in the official medical record. The HIPAA Privacy Rule allows the use and disclosure of this PHI for treatment, payment, and health care operations without written authorization from the patient. Other uses and disclosures require permission or consent from the individual.

This information is important when counseling individuals so that we don’t violate the patient’s privacy. Patients may disclose protected health information such as medical issues and medications during interviews or while filling out paperwork. Knowing that sharing this information is a HIPAA violation and has legal ramifications can save us from a lot of unwanted trouble. Also, knowing this will allow us to take extra care not to leave documents such as files or paperwork laying around that contains patient information. It allows us to know not to discuss with others, what a patient discusses with us. This information informs us of who we are allowed to share this information with. Sometimes it might be necessary to share information with a patient’s doctor in order to coordinate treatment or other services. In addition, it might also be necessary to speak to the patient’s provider about any food / medication interactions or possible food intolerance /allergies. It is also important to know for billing

“The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients the rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.”

Prohibits covered entities from disclosing protected health information to any third parties, unless the individual who is the subject of the information or the individuals personal authorizes it in writing. Disclosure is required to be made to the individual representative

Since the adoption of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, there had been some modifications and interpretations made to its provisions to ensure that the requirements of the law are strictly adhered to. Thus, the “two sets of federal regulations were implemented… the Privacy Rule and the Security Rule” (McGonigle & Mastrian, 2015, p. 157). Briefly, the Privacy Rule addresses the limited use and disclosure of patients’ health information, while the Security Rule refers to the need to safeguard “patients’ health information from improper use or disclosure” (McGonigle & Mastrian, 2015, p. 157). The case scenario discussed in this paper relates to the Privacy Rule and Security Rule of HIPAA.

Disclosure for direct patient care emphasizes the importance of limiting the exposure of health care information of a patient to only the one offering treatment. Although physicians are not required to receive their patient’s authorization, others healthcare workers, such as billers, coders, and front desk staff, are not allow to gain access to patient’s health information. In my opinion, this disclosure is essential to those whose careers are in the medical field. My mother is a registered nurse at the same hospital I was admitted to multiple of times for several unexpected emergencies. Although her coworkers shown concern, my personal information, lab results, and the treatments are confidential and only my mother and my physician are allow to see this private information. Several of years later, when I moved from New Jersey to Maryland, I felt comfortable having control of my health information by being asked to call my old physician to fax my health records to my new general physician. After calling, they also required my new physician to send a fax to them with my signature ensuring that my information is secured and only the new physician who is responsible for my care receives and reviews it. A

A patient’s right to privacy is one of the most important and protected elements of healthcare today. Patient health information is protected by the Health Insurance Portability and Accountability Act (HIPAA) and even more so by the HIPAA Privacy Rule. “The HIPAA Privacy Rule is a key federal law governing the privacy and confidentiality of patient information.” (Brodnik, Rinehart-Thompson, Reynolds. 2012 pg. 215.) The law governing patient privacy has two goals, “to provide an individual with greater rights with

Release of Information in healthcare is critical to the quality of continuing the care provided to patients. It plays an important role in billing, reporting, research and other functions. The HIPAA privacy rule has specific rules for the management of health information to ensure confidentiality of each individual. The rule will balance the need for prompt and informed delivery of health care services with that of protecting the individual. There are no standard uniform state privacy law in use of all 50 states, yet the territories. State laws focus on for example HIV generic information as well as a degree of strictness or protectiveness of patient privacy. Some states need that additional patient authorization be obtained prior to release, but some states do not. The law required that healthcare organizations develop, implement and maintain policies, processes and procedures around release of information. Overall management of those HIM processes that shows the fundamental to confidentiality, security and compliance in releasing protected health information. It is important that the organization 's policies and procedures include the management practices that support the process of disclosure and it 's oversight.

Once a patient creates a physician-patient relationship the patient has given his/her doctor the implied consent to be treated by that doctor. Now as the medical assistant one of our various task is to inform the patient of the doctor’s notice of privacy, these are the papers you have to read and sign to state that you understand the information, before seeing their new physician. In those papers, which most people sign without reading, tell you how your personal and private information will be used and divulged, how your information will be protected by the healthcare workers, and what you, the patient, can do if you feel that your private health information has been breached. (Association) Most if not all of these codes fall under one law, one very important law that any healthcare related worker would get fired if they violated the patients notice of privacy practice documents each patient signs.

In this paper, I will discuss the principles that permit disclosure of protected health information with or without the patient’s consent for each of the four categories, government agencies, legal agencies or representatives and research groups. I will also state whether I feel privacy safeguards are adequate to support those principles.