The Scenario: Health Insurance Porability and Accountability

Running Head : HIPAA PRIVACY RULE

A Research

on

Provisions

of the

HIPAA Privacy Rule

Abstract

This is a research on the specific provisions on the HIPAA Privacy Rule . It begins with a brief introduction of the Rule and its purpose then discusses specific recommendations for safeguarding privacy and how it has changed certain procedures and practices in the health industry The concludes with a summary of the Rule 's impact to the industry

The HIPAA Privacy Rule

In April 2002 , the Department of Health and Human Services

published on the Federal Register , the final rule on the Standards for Privacy of Individually Identifiable Information . Commonly known as the Privacy Rule , this is the implementation of the disclosure standards of protected health information (PHI ) as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA (p .53182 . Although the publication consists of more than ninety pages , its main objective is to ensure the patient 's privacy without impeding in the conduct of one 's healing . This will discuss some aspects of the Rule that show its flexibility towards the diversity of today 's health industry

With the implementation of the Privacy Rule , most covered entities implemented changes in the conduct of their business . However , in so far as the patient 's direct access to his or her personal records , there was no change . However , additional steps maybe required when a personal representative , an individual legally authorized to represent the patient , will access the medical records . Previously , one can verbally declare to be a relative of the patient to be given access the patient 's medical records . Today , one has to show proof of such relations or one 's legal capacity to represent the patient , minor or adult alike ( Regulation , 2003 ,

. 19

Moreover , disclosure of medical records is not limited to the purpose of treatment . According to the Rule , PHI can be disclosed as long as there is a written authorization of the individual or his or her personal representative . When the individual has an opportunity to agree or disagree with the usage of the PHI , such as being included in the medical facility directory , or being listed in the patient registry , it can be disclosed . For the benefit of the public , patient information can be disclosed for research , activities related to public health and safety , information for decedents , for organ donation , and as related to the individual 's employment . Lastly , PHI maybe disclosed for marketing purposes , with or without remuneration , but for the purpose of advertising products and services that are not intrinsic to healthcare administration ( Summary , 2003 , pp 6-8

To ensure the standards for privacy are deployed , a covered entity is required to have a set of written guidelines and procedures regarding its privacy policy . It should contain the company 's duties in ensuring privacy . It should show the different procedures that each department would implement to support the policy . The standards must contain procedures in filing a complaint against privacy and the...