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Texas patients, families unwitting victims of the Federal Data Protection Act legislation

While the Health Insurance Portability and Accountability Act, a federal law adopted in 1996, is primarily designed to allow Americans in Texas cities including Dallas, Austin and Houston, the right to health insurance ; Take some provisions of the law to protect the confidentiality of information lead to confusion.

Observers see evidence of the disputed cases, in which members access to medical charts are created denied, citing the health service provisions of the Act - commonly known as HIPAA.
The Problem, say experts in the field seems to confusion about the intent and letter of the HIPAA privacy rules, introduced in 2003.

Some health care providers to be the application of the rules in a way seen to be eager, even arbitrary in nature can be said.

On the other hand, physicians and privacy experts praised the legislation, saying it has helped to make the confidentiality of health data of a priority is something that they maintain important as the nation moves toward a system that is focused more and more to electronic health records.

At the same time ensuring electronic privacy produced what some say is a tangle of regulations - the resulting confusion about what is allowed under HIPAA and what is not.

The confusion may relate to more government involvement lead, with Massachusetts Senator Edward M. Kennedy, a sponsor of the original scheme proposed an office within the Department of Health and Human Services (HHS), which serve to medical privacy would interpret rules.

The extent of the problems associated with HIPAA are broadly unknown, because the only complaints investigated relate to patients who have no access to their own medical information, which is a violation of the law.

HHS officials say the service, either innocently or deliberately, will cite HIPAA as an excuse for not admissible give details. Some examples HIPAA misinterpretations included:
- The cancellation of birthday celebrations in nursing homes for fear that revealing a resident of birth may be a violation.

- Patients are assigned "code names" in the doctor's office waiting rooms, so that they could be summoned without identification.
- The refusal of the nurses in to call an emergency room parents of sick students for fear of disclosure of confidential information.
- Delays in the establishment of immunization registries for children.

A key word in the legislation, which seems to rely is confusion "can" - the law says medical staff "may" open, but not required to do so.

Medical Professionals on the side of reason in the world of HIPAA are distinguishing between different categories of secrecy.

So-called "good faith nondisclosure" might also claims a nurse while a call from someone, be a member of the family. Not able to examine the relationship could give a reason for the rejection of medical information out to the caller.

On the other hand could with HIPAA as an excuse not to gather in record time by health authorities investigating a case of suspected child abuse under the category of a Fall required "bad faith secret."

The fear of those in the medical realm of being punished for incorrect information seems to be wrong - especially because there were no sanctions imposed since the law came into force.
According to HHS officials, physicians, speak freely to friends of the family, long as the patient does not object. These discussions can be held without a signed authorization and it is not necessary, the status of a health care proxy or have power of attorney. In the matter of investigation of crimes such as child abuse, HIPAA moves to state laws, which may require such disclosure. Medical staff can not reveal confidential information about a patient or medical case to reporters, but they can discuss general health.

Many decisions They become HIPAA issues of employees of service providers, who believe that they made "No" as "yes" - especially if the rules do not seem to be clear.

If the answer is "no, I can not tell you because of HIPAA," some consumers simply do not contradict.

Healthcare Privacy is a topic that probably will not go away anytime soon. At the same time the Americans have to remain a deep concern for the ability to sound.

About the Author

Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com

10/14/10: White House Press Briefing