H.I.P.P.A. Health care Records Privacy Rule
- United States
- 01/01/2003
- Frank, Haron, Weiner and Navarro P.L.C.
In 1996, The U.S. Congress passed the Health Insurance Portability and Accountability Act (“HIPAA”) to address three main issues in health care, (a) the standardization of electronic transactions (the Transactions Standards), (b) the privacy of health care information (the Privacy Rule), and© and the security of health care information (the Security Rule).
A number of entities are required to comply with HIPAA. Specifically, health care providers that transmit electronically any health information (directly or indirectly through the use of a clearinghouse or billing company), health plans (including a great number of employers involved in health plan administration for employees, or sponsoring group or self-funded health plans, flexible spending accounts, health reimbursement accounts, etc.) and clearinghouses.
The goal of the Privacy Rule, in particular, is to protect patients’ rights to confidentiality in matters involving their healthcare. The Privacy Rule does the following:
1. Provides restrictions on uses and disclosures of patient health information
2. Creates individual patient rights to inspect and copy their records, amend erroneous information, restrict the uses and disclosure of their information, and receive notice of a covered entity’s privacy practices.
3. Requires covered entities to include certain privacy language in contracts with “Business Associates” regarding safeguarding patient information.
4. Requires the appointment of a Privacy Officer.
5. Requries covered entities to conduct HIPAA privacy education with all employees.
The compliance deadline with the Privacy Rule is April 14, 2003. HIPAA contains many civil and criminal penalties that can be imposed on covered entities for violations of the HIPAA rule.
The compliance deadline with the Transaction Standards was October 16, 2002 (October 16, 2003 for those entities who obtained an extension). The compliance date for the Security Rule is April 21, 2005.
