The impact of HIPAA on parent's "rights"
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|Sun, 11-09-2003 - 3:33am|
Health Insurance Portability and Accountability Act of 1996 Public Law 104-191
In 1996 President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA). This law mandates action that seeks to: 1) ensure continuity of healthcare coverage for individuals changing jobs; 2) impact on the management of health information; 3) simplify the administration of health insurance; and 4) combat waste, fraud, and abuse in health insurance and health care.
Title II: The Security and Privacy Mandates
Title II of the HIPAA law (also known as Administrative Simplification) includes requirements for ensuring the security and privacy of individuals’ medical information. The standards aim to maintain the right of individuals to keep private information about themselves.
The Department of Health and Human Services is charged with developing and issuing regulations to address these requirements. The final privacy rule was released April 14, 2001; compliance is now required by April 2003. The security rule is being finalized; the released date is expected to be June/July 2001.
HIPAA regulations protect medical records and other “individually identifiable health information” (communicated electronically, on paper, or orally) that are created or received by covered health care entities that transmit information electronically.
“Individually identifiable health information...” includes
any information, including demographic information collected from an individual; and
any information that identifies an individual, or could be reasonably believed to identify an individual
HIPAA protects “individually identifiable health information” which…
relates to the past, present, or future physical or mental health condition of an individual, the provision of health care or the payment for such care
is maintained or transmitted, and is (or has been) in electronic form
is used or disclosed by covered entities