Office of Civil Rights – HIPAA Research Paper

Introduction

Before the passing of the Health Insurance Portability and Accountability Act of 1996, the ability of a patient to access his medical records was based upon state laws covering such instances. Under the HIPAA though, a national standard has been set in terms of a person gaining much needed access to health records that cannot be overturned by state laws. However, the medical record received is not the original copy but rather a certified true copy of the original.

Although the HIPAA does not specifically require a written request, most health providers — and some doctors require one before issuing file copies. Under HIPAA guidelines, processing time for such requests should take no longer than 30 days. State laws however may offer a shorter period of access times and you can have your file copies in as little as 5 days.

Main body

The one drawback of the HPIAA is that medical records are no longer sealed from public viewing. There are a number of scenarios wherein the government can legally access medical files without the need for the patient’s consent. Some of these scenarios include the following:

1. As required by law (statute, regulation, court order)
2. For public health activities
3. Regarding victims of abuse, neglect, or domestic violence
4. Health oversite activities (like audits)
5. Judicial and Administrative Proceedings
6. Law enforcement purposes.
7. To facilitate cause of death, etc
8. To aid in tissue/organ donation
9. Research
10. Serious threat to health or safety (of the individual or the public)
11. Essential Government functions.
12. Worker’s Compensation

All of these disclosures can be demanded by the government at any given time without the need of consent from the concerned party. provide it is necessary for the betterment of a larger purpose such as epidemics and child abuse cases. However, a patient is required to sign a release document when the records are necessary for medical purposes such as psychotherapy or if the information will be sold to a 3rd party for marketing purposes.

Such Privacy Policies also have to be signed in acknowledgment of receiving the privacy policy information. However, the signing of the policy should contain a specific disclaimer indicating that it does not signify the agreement of the patient with the aforementioned policies. In events when the patient does not sign the policy, a “good faith” effort must be undertaken by the concerned party. Refusal to sign the policies should not also be considered grounds for withholding of medical treatment.

Conclusion

This is why medical personnel must be well trained and versed pertaining to the implementing policies of the HIPAA. The training should start on the first day that they report for work and extensively cover the rules pertaining to which cases do not require written consent (such as the case of government need) and what needs written consent (such as psychiatric profiles and marketing needs of the hospital.).

Failure on the part of the provider to do so may result in a complaint being filed with the HHS Office of Civil Rights because the right to sue no longer exists under the HIPAA. Such complaints are usually resolved within 180 days without the patient fearing that treatment shall be withheld due to the complain action. Complaint resolution usually results in an investigation that could be settled informally or as a criminal investigation. Violators of the HPIAA could face up to 10 years in prison and $250,000 in fines.

Work Cited

“HPIAA Basics: Medical Privacy In The Electronic Age”. Privacy Rights Clearinghouse. 2007. Web.

“HIPAA And The Changing Face of Patient Privacy”. Postgraduate Medicine Online. 2002. Web.

“Office of Civil Rights – HIPAA. United States Department Of Health & Human Services. 2008. Web.