The United States Congress passed the Health Insurance Portability and Accountability Act (HIPAA) in 1996 to establish a national standard for the electronic transfer of health data, according to the Centers for Disease Control. It is a strict set of standards that was created for the purpose of streamlining the flow of information in the healthcare system and to protect your personal health information. It also is vitally important for protecting your medical information. Under HIPAA, all health care providers, health plans and other health care services--regardless of what state you live in--must adhere to the same minimum standards for accessing and handling your medical information.
When visiting a doctor or other health care professional for the first time, you are required to complete a form that details how your medical information will be used and disclosed to others. This important benefit ensures you are aware and in control of this process, protecting you and your privacy. Your rights under HIPAA are very straight forward.
As explained below, you have the right to:
Confidentiality of healthcare records
Access your personal and protected healthcare information
Copy, amend and restrict access to your healthcare information
An examination of how your healthcare information has been disclosed, and to whom
File a complaint about how your healthcare information has been used; complaints can be directed to the U.S. Department of Health and Human Services
HIPAA has defined penalties, both civil and criminal, for anyone violating the HIPAA Privacy Rule.
These penalties were established to serve as an incentive for all health care providers, health plans and other health care services to comply with the Privacy Rule and respect the rights of the patient. In June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally liable under HIPAA. Covered entities and specified individuals whom "knowingly" obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm, permit fines of $250,000, and imprisonment for up to ten years.
In addition to monitoring how and to whom your health status is shared, HIPAA gives you the ability to find out who has accessed your health records for the previous six years, according to the Privacy Rights Clearinghouse. And while there are some exceptions, it is an important portion of this federal law, as it establishes and protects your rights.
HIPAA regulations apply to most health plans and to any healthcare provider who electronically transmits healthcare information. If you have any questions about your rights under HIPAA you can direct any of your questions about your doctor's privacy policies to your doctor or the office administrator.
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