What Patients Should Know About Privacy Protections Under HIPAA
Medical appointments often involve sharing information that patients would not want disclosed outside a healthcare setting. HIPAA provides federal protections for much of that information and gives patients important rights over how their records are accessed, used, and shared. When questions about privacy arise alongside concerns about medical care, a South Carolina personal injury lawyer can help patients better understand the legal issues surrounding their situation.
HIPAA Protects Certain Health Information
The Health Insurance Portability and Accountability Act, commonly known as HIPAA, establishes national standards for protecting certain individually identifiable health information. The Privacy Rule applies to covered healthcare providers, health plans, and healthcare clearinghouses, along with certain organizations that handle protected information on their behalf. The U.S. Department of Health and Human Services (HHS) explains that protected health information may exist electronically, on paper, or in oral communications.
This protection can cover information about diagnoses, treatments, medications, test results, insurance claims, and billing. A patient’s name or other identifying details connected with medical information may also fall under HIPAA protections. Healthcare organizations subject to the law must take appropriate steps to protect this information.
Patients Have a Right to Access Their Records
HIPAA does more than place limits on the disclosure of medical information. It also gives patients the right to inspect and obtain copies of much of the health information kept about them. According to HHS, this can include medical records, billing information, insurance records, laboratory reports, X-rays, and other records used to make healthcare decisions. (HHS.gov)
Patients can generally request electronic copies when their information is maintained electronically. In most situations, a healthcare provider has up to 30 days to provide access, although records may be available much sooner through an online patient portal. Providers may charge certain reasonable copying costs, but they cannot refuse access simply because a patient has an unpaid medical bill.
Patients Can Ask for Incorrect Information to Be Corrected
Medical records are not always accurate. A chart might contain an incorrect medication, outdated information, or another mistake that could create confusion during future treatment. HIPAA allows patients to request an amendment when they believe information in their medical or billing records is inaccurate or incomplete.
The healthcare provider or health plan must respond to the request, although it does not necessarily have to agree with the requested change. If a correction request is denied, the patient generally has the right to submit a statement explaining the disagreement. That statement can then become part of the patient’s record.
HIPAA Does Not Require Permission for Every Disclosure
One common misunderstanding is that a healthcare provider must obtain written permission before discussing medical information with anyone. HIPAA actually allows certain disclosures without specific authorization. Information can often be shared when necessary for treatment, payment, and certain healthcare operations.
For example, a physician may need to provide relevant information to another doctor who is treating the same patient. Health information may also be used for billing or insurance purposes. HIPAA is designed to protect privacy without preventing healthcare professionals from exchanging information needed to provide and pay for care.
Patients Have Choices About Some Disclosures
Other situations give patients greater control over what happens to their information. HHS explains that patients may have choices concerning disclosures to family members or friends involved in their care. Written authorization is also generally required for certain uses such as marketing or the sale of protected health information.
Patients should read the Notice of Privacy Practices provided by their healthcare provider. This document explains how the organization may use medical information and describes the patient’s rights. It should also explain how to raise concerns about the organization’s privacy practices.
Not Every Organization Is Covered by HIPAA
Another important point is that HIPAA does not apply to every business that collects health-related information. Its requirements primarily apply to covered healthcare providers, health plans, healthcare clearinghouses, and their business associates. Some health information held by other companies may instead be subject to different federal or state privacy requirements.
This distinction has become especially important as people increasingly use health apps, online services, and connected devices. Patients should not automatically assume that every company collecting medical or wellness information is subject to HIPAA. Reviewing an organization’s privacy policy can provide a clearer picture of how information may be collected and shared.
What Happens When Privacy Rights May Have Been Violated?
Patients who believe their HIPAA rights have been violated have options. They can raise the issue with the healthcare provider or health plan and may also file a complaint with the HHS Office for Civil Rights. HIPAA prohibits covered entities from retaliating against someone for filing a complaint or exercising rights provided by the Privacy Rule.
HHS generally requires complaints to be filed within 180 days of when the person knew about the alleged violation, although that deadline may sometimes be extended for good cause. Keeping copies of correspondence, privacy notices, medical records, and information about the suspected disclosure may help document what happened.
A privacy issue can sometimes arise while a patient is already dealing with questions about negligent medical treatment. Speaking with a medical malpractice attorney South Carolina patients can consult may help clarify which legal concerns relate to the quality of care and which involve the handling of medical information. HIPAA complaints and medical malpractice claims involve different legal standards and processes.
Understanding Your Rights Can Help Protect Your Privacy
Patients do not need to understand every technical HIPAA regulation to take an active role in protecting their medical information. Knowing that you can access your records, request corrections, ask questions about disclosures, and report suspected violations provides a useful starting point. When privacy concerns occur alongside an injury or questions about negligent care, a South Carolina personal injury lawyer can help evaluate the broader circumstances and explain what legal options may be available.
