LATEST WORD ON PRIVACY.Byline: Tim Christie The Register-Guard Eleanor Otley, a retired Eugene teacher, knows about these new federal medical privacy rules federal medical privacy rules Health policy A series of federal mandates which provide the rules for use or disclosure of protected health information, for varous purposes, including for research. See HIPAA. Cf De-identification. , but she's not sure what good they'll do her. After picking up a prescription from a Hiron's Drug Store, she said she wasn't too concerned that her medical privacy was ever in peril The designated contingency, risk, or hazard against which an insured seeks to protect himself or herself when purchasing a policy of insurance. Among the various types of perils for which insurance coverage is available are fire, theft, illness, and death. PERIL. . "I'm not sure you can truly be private unless they shut you off in a room," she said. If you've been to the doctor, pharmacy or hospital in the past month, you've probably been handed a sheet of paper outlining their privacy policy and your accompanying rights. They're trying to protect you - and make sure they don't run afoul of a·foul of prep. 1. In or into collision, entanglement, or conflict with. 2. Up against; in trouble with: ran afoul of the law. the new rules, which took effect April 14. The rules came from a 1996 federal law with the unwieldy title of Health Insurance Portability and Accountability Act The Health Insurance Portability and Accountability Act (HIPAA) was enacted by the U.S. Congress in 1996. According to the Centers for Medicare and Medicaid Services (CMS) website, Title I of HIPAA protects health insurance coverage for workers and their families when , commonly shortened to HIPAA (Health Insurance Portability & Accountability Act of 1996, Public Law 104-191) Also known as the "Kennedy-Kassebaum Act," this U.S. law protects employees' health insurance coverage when they change or lose their jobs (Title I) and provides standards for patient health, . The sometimes ambiguous language of the law - along with civil and criminal penalties for violations - has spawned a cottage industry cottage industry: see sweating system. of HIPAA consultants who hire themselves out to help health organizations make sure they're complying with the rules. Some health professionals, unsure of the finer points of the law, are erring err intr.v. erred, err·ing, errs 1. To make an error or a mistake. 2. To violate accepted moral standards; sin. 3. Archaic To stray. on the side of caution, occasionally to the detriment Any loss or harm to a person or property; relinquishment of a legal right, benefit, or something of value. Detriment is most frequently applied to contract formation, since it is an essential element of consideration, which is a prerequisite of a legally enforceable contract. of their patients. Mark Hoy Hoy, island, 13 mi (21 km) long and 6 mi (9.7 km) wide, off N Scotland, second largest of the Orkney Islands. It is located at the southwestern side of the Scapa Flow anchorage. of Eugene, who started a HIPAA consulting business, calls it "HIPAA hysteria hysteria (hĭstĕr`ēə), in psychology, a disorder commonly known today as conversion disorder, in which a psychological conflict is converted into a bodily disturbance. ." "There's a fear factor going on out there," he said. There are anecdotes about doctors elsewhere in the country refusing to disclose patient information to other doctors involved in treatment and stories of doctors and hospitals refusing to treat patients who won't sign a form that says they've been told about the new rules. So far, no HIPAA horror stories horror story Story intended to elicit a strong feeling of fear. Such tales are of ancient origin and form a substantial part of folk literature. They may feature supernatural elements such as ghosts, witches, or vampires or address more realistic psychological fears. have publicly emerged from local clinics or hospitals. That doesn't mean Lane County health administrators aren't sweating the new rules. "It's a huge, complex set of regulations and it represents a huge cultural change in the health care industry," said Kevin Johnston, HIPAA point person for PeaceHealth in Oregon. Authors of the law didn't necessarily understand how the health care system operates, he said. "So we are sometimes stuck with difficult-to-handle situations, and coming up with the right thing to do has proven to be onerous on·er·ous adj. 1. Troublesome or oppressive; burdensome. See Synonyms at burdensome. 2. Law Entailing obligations that exceed advantages. ," he said. In the three weeks after the law took effect, the U.S. Department of Health and Human Services Noun 1. Department of Health and Human Services - the United States federal department that administers all federal programs dealing with health and welfare; created in 1979 Health and Human Services, HHS has received a little over 100 complaints from patients concerned that their privacy was compromised, said spokesman Bill Pierce
Bill Pierce (born September 25, 1948 in Hampton, Virginia) is an American jazz saxophonist. . The agency estimates as many as 60 percent of the complaints it will receive won't be privacy-related, but about other things, such as quality of care, for example. Nonetheless, agency officials will investigate. Civil violations of the law can bring fines up to $100 per violation, up to $25,000 a year. Criminal penalties are far stiffer; violators can be fined up to $250,000 and sent to prison for up to 10 years if the violations are committed with the intent to sell, transfer or use protected health information protected health information Health informatics Any individually identifiable health informatlon that is used or circulated by an entity that falls under the governance of HIPAA; the privacy regulations mandate safeguards for protected health information, and the for commercial advantage, personal gain or malicious harm. At local clinics and pharmacies, managers and administrators said they're doing their best to follow the new rules. Many of the changes made in medical offices are simple and straightforward. For example, nurses make sure charts face the wall, not the hallway, when they put them outside exam rooms. Receptionists and nurses try to keep their voices down when talking on the phone. "To be honest, it's gone pretty smoothly," said Toni Myers, administrator at Pacific Women's Center, a Eugene medical clinic. "It hasn't been as much of a problem as we expected." So far, patients haven't minded the extra paperwork, said Jan Wright, administrator of Springfield Family Practice. "Most don't blink blink the involuntary movement of one or both eyelids of both eyes simultaneously. The frequency varies between species. Cats blink the least, with the possible exception of owls. In birds it is the lower eyelid which is moved up to meet the upper lid. an eye," Wright said. "Some like the idea of being able to see what is written in their charts." Hospitals now give patients a chance to opt in or out of having personal information disclosed to friends, family and members of the news media. At Sacred Heart Medical Center Sacred Heart Medical Center may refer to: In the United States:
"We try to tell them the implications of being a 'do not announce' patient," he said. "If someone calls, we'll deny your existence. If someone sends a get well card, we'll return to sender. If someone sends flowers, we'll send them back to the florist." Fewer than 5 percent of patients choose not to have their names disclosed, he said, but that number may rise as people learn more about the law. The rules create some potentially sticky situations. For instance, say a man gets in a car crash and is unconscious when he gets to the hospital. If his wife calls, can the doctor tell her that her husband is there? The question is, Johnston said, is it in the patient's best interest to tell the wife her husband is there? "I cannot imagine a time when we would consider it not to be in the patient's best interest to tell the wife he's there," he said. The law also is reaching into areas that no one anticipated. For example, members of the clergy, who in the past have routinely had access to a hospital's list of patients broken down by religious affiliation, may find themselves shut out if patients ask hospitals not to disclose their information. Johnston said it will take time for health providers to adjust to the new rules. "It's a cultural change we're talking about here," he said. "It's deeply imbedded imbedded, adj See embedded. , long-standing practices that suddenly are no longer OK. "Changing your behavior isn't that simple. It's something we're chipping away at. We'll get there." THE LAW Q. What is HIPAA and why should I care? A. HIPAA is a federal law passed in 1996. It stands for the Health Insurance Portability and Accountability Act. Because the law encouraged health care providers and insurers to use electronic formats to exchange information, such as submitting claims, it also included provisions for ensuring protection of that information. Q. Why is the doctor's office and pharmacy making me read all these documents and sign a form? A.Doctors and other health care providers are trying to comply with HIPAA, which requires them to write a privacy policy and advise patients of their privacy rights. Q. What if I don't want to sign? A. That's fine. Providers will note that you declined, and by law they can't refuse to see you. Q. So what are my privacy rights? A. You have the right to review your medical charts and to request corrections if you spot errors. You have the right to ask that certain health information not be disclosed to others - but it's possible your request won't be granted. For instance, a patient making a worker's compensation claim couldn't ask the doctor not to disclose health information to an insurer. Q. Can my doctor share my medical information? A. Yes and no. A doctor can share your information with other providers involved in your treatment as well as with your health insurer, but not with a life insurer, bank, marketing firm or other outside business for purposes not related to your health unless you specifically authorize To empower another with the legal right to perform an action. The Constitution authorizes Congress to regulate interstate commerce. authorize v. to officially empower someone to act. (See: authority) it. Q. What if I have to go to the hospital? A. You'll be given a chance to request that no information about you be released. And that means to no one - including friends, family and news media. That also means no phone calls, no get well cards, no flowers. Otherwise, the hospital will release a one-word description of your condition - fair, serious or critical - and your location in the hospital. Q. What if I think my privacy rights have been violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. ? A. You can lodge a formal complaint with the Office of Civil Rights in the U.S. Department of Health and Human Services. For more information, call (866) 627-7748, or go to www.hhs.gov/ocr/hipaa on the Web. CAPTION(S): The thousands of medical records that clerk Lindsay Senkel oversees at Springfield Family Practice are subject to new privacy restrictions. Please turn to PRIVACY, Page A9 Privacy: Rule change seems to be going well Continued from Page A1 |
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