HIPAA - What It Is and What You Should Know

In 1996, Congress passed HIPAA, the Health Insurance Portability and Accountability Act. Patients have probably felt its effects, though they may not even be aware of it. So what is HIPAA, and what do patients need to know?

HIPAA helps anyone who loses or changes their job to keep health insurance coverage. One aspect of HIPAA deals with privacy rules, and it covers how, what, where, when and with whom your personal health information can be shared. This subject has become more and more important to every American as healthcare records continue to go electronic. HIPAA's federal protections are designed to protect a patient’s personal health information ('PHI').

The healthcare industry may see HIPAA as burdensome at times, while most healthcare patients are more confused by it then anything. In a nutshell, HIPAA created a set of guidelines to minimize the chance that your personal medical information will be disclosed to someone who shouldn't have access to it.

To understand how HIPAA protects you, here are 5 common perceptions of HIPAA, and how they rate on the trusty True-or-False meter.

HIPAA protects all of my personal information. TRUE
Yes. Any health information of yours that may be personally identifiable - your name, certain dates (birth date, admission or discharge date), your telephone number, social security number, photographs - and even geographically-identifying information such as city, zip code or state … it’s all protected.

Only doctors are required to follow HIPAA. FALSE
Not true. There are many individuals and organizations that have to follow HIPAA. All organizations, companies and medical providers that must follow the HIPAA regulations are known as 'covered entities.' Covered entities might include: health insurance companies, HMOs, Medicare and Medicaid,Health Care Clearinghouses, most doctors and dentists, clinics, hospitals, psychologists, chiropractors, senior living facilities, and pharmacies.

Many organizations do not have to follow HIPAA. TRUE
It’s true – some organizations that have access to your personal health information don’t have to abide by HIPAA. These could include your employer, life insurance companies, workers compensation insurers, school districts, municipal and state offices, and law enforcement agencies. It’s important for you to be aware of the policies of those around you. Most employers, for example, adhere to HIPAA, though they may be exempted. Just be aware that there are exceptions to the rule.

HIPAA will impact my medical care. FALSE
No. HIPAA will not impact the quality of your care. In fact, HIPAA was actually implemented years ago, and you might not even have noticed it. Those privacy statements and notices your doctor asked you to sign - and the forms telling your doctor who to share your information with – that’s HIPAA at work. Aside from that privacy information form you've signed, the changes since HIPAA's privacy rule went into effect are largely behind the scenes.

HIPAA gives me more control over my medical records. TRUE
It sure does…and actually a good deal more than you had before HIPAA came along. For the first time, patients gain some control over how their health information is used and by whom. HIPAA gives you the right to: privacy notices that explain how your PHI will be used and disclosed, the ability to ask for restricted rules of disclosure for PHI, and the right to inspect, copy or amend your medical records.

As patient medical records increasingly go fully electronic, HIPAA is in place to ensure that your personal information is protected.