1. IntroductionToday you have more reasons than ever to care about the privacy of your medical information. This information was once stored in locked filing cabinets and on dusty shelves in the medical records department. Your doctors were the sole custodians of your physical and mental health information. With today's use of electronic health record software, information discussed in confidence with your doctors will be recorded in electronic data files. The obvious concern is the possibility of your data being seen by hundreds of strangers working in the healthcare industry, insurance industry, and a variety of companies associated with medical organizations. Fortunately, this catastrophic scenario will likely be avoided. Congress addressed a growing public concern about the privacy and security of personal health information and in 1996 passed “The Health Insurance Portability and Accountability Act” (HIPAA). HIPAA establishes the national standard for electronic transfers of health information. Before HIPAA, each state set its own standards. States must now comply with the minimum standards set by HIPAA. States may enact laws to incorporate and/or strengthen the fundamental rights afforded by HIPAA. How the HIPAA Privacy Policy Protects You; Patient Access to Your Medical Record Prior to HIPAA, access to YOUR medical record was not guaranteed by federal law. Only about half of the states had laws giving patients the right to see and copy their medical records. You may be charged for copies, but HIPAA sets fee limits. You must be informed of privacy practices You must now be informed about how your medical information is used and disclosed. The notice must also tell you how to exercise your rights and how to file a complaint with your health care provider and the DHHS Office for Civil Rights. HIPAA Requires Accounting of Disclosure Details You have the right to know who has had access to your medical records for the previous six years, however there are several exceptions to the accounting requirement. Accounting is not required when documents are disclosed to people who see your documents for treatment, payment and healthcare operations. These people do not need to be listed in the disclosure register. Filing a Complaint If you believe a health care provider or health plan has violated your privacy, you have the right to file a complaint with your health care provider and the DHHS. Special Privacy Requests Communications. You can make special requests specifying how you want your doctor's office to handle confidential communications.
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