Академический Документы
Профессиональный Документы
Культура Документы
Kenda Collier
HCR/210
Donna DeGrio
Established by the U.S. Congress in 1996 and made effective July 1, 1997, the
working against abuse and fraud in health insurance and the delivery of health care.
HIPAA’s purpose also includes improving the health care system’s effectiveness and
efficiency, providing for the continuation of health insurance coverage, and delivering
consequences for organizations and individuals who do not comply with HIPAA
regulations (Highmark, 2007). Different representatives and agencies can request, with or
address, date of birth, social security number, name of employer, and/or Medicaid
Many situations arise when the government has the legal obligation or right to a
patient’s medical records. For example, state agencies are required to keep records of
deaths and births. They must also maintain registries of people who have received a
activities, the military, armed forces personnel, correctional institutions and presidential
protective services do not require authorization—all may receive protected health
information without the consent of the individual. Some government agencies, such as
the Bureau of Disability Determination and the Department of Social Services, have to
receive the individual’s authorization prior to receiving his or her PHI (Green and Bowie,
2005).
Attorneys almost always have to obtain the individual’s authorization for the
release of PHI. The exception is if a health care provider’s attorney requests it and the
information is released during normal business. Employers also have to get authorization
from the individual but not in cases of work-related injuries or illnesses (the reporting of
them). Health care providers are also obligated to get authorization from patients for the
release of PHI, except for caregivers who are directly involved in the patients’ care. The
IRS, or Internal Revenue Service, along with law enforcement agencies, has to receive
consent from the patient for the disclosure of PHI. The patient or his or her representative
except in the cases of treatment, payment, and any health care operations.
clinical research access to patients’ records. They may also exchange such information
Board, PHI can be received by a research group without the individual’s authorization. If
research includes actually treating the patient, authorization is required, unless the person
Patients do have the right to access their PHI for verification of information and
keeping a personal copy, unless there is information that has been compiled for use in
and PHI that is kept by any covered entity subject to the Clinical Laboratory
Usually, the only person who can authorize the release of medical records is that
specific patient. Naturally, though, exceptions to the rule exist. Legal guardians, parents,
or agents of a minor child are able to give this authorization. The confidentiality of
medical records is maintained except for certain instances where they can be released
without the consent of the patient. Records can be released, in certain circumstances, to
health care workers who require the information to provide care to a patient.
Organizations that are qualified and are undertaking approved research can also receive
records, and as previously mentioned, certain government authorities also have that right.
However, in general strict rules apply for people who receive such medical information.
The privacy of the patient must be kept (Lectric Law Library’s, 2002). Safeguards that
are in place must be kept for the release of the patient’s PHI. Each facility has the
obligation to make sure that all patient information is kept safe from tampering, loss,
theft, unauthorized access, or damage. Research groups, government agencies, and legal
agencies have guidelines that have to be followed for them to receive a patient’s PHI. The
employers that provide health insurance, health care organizations, public health
authorities, and life insurers. When a facility releases a copy of a patient’s PHI, it must
keep a release of information log on order for patients to receive an accounting of
information disclosures for six years prior to their request. Whether consent is required or
not, facilities must keep individuals’ records confidential (Green and Bowie, 2005).
References
management
http://www.highmark.com/hmk2/about/hipaa/hipaaMain.shtml
http://www.lectlaw.com/filesh/qf102.htm