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How HIPAA gives patients control over health information

Written by Farah Amod | Oct 2, 2024 1:51:59 PM

HIPAA gives patients greater control over health information through several provisions. These include the rights to access, consent, privacy, amendments, accounting of disclosures, and breach notifications. 

 

Right to access

One way HIPAA empowers patients is by granting them the right to access their health information. Patients can request copies of medical records, including test results, diagnoses, treatment plans, and other health-related data. This provision ensures that patients clearly understand their medical history to make informed decisions about their healthcare.

 

Consent and authorization

HIPAA also gives patients control over who can access their health information. Under this regulation, healthcare providers are required to obtain written consent or authorization from patients before sharing their health information with third parties, such as other healthcare professionals, insurance companies, or researchers. Patients can grant or deny access to specific individuals or organizations, safeguarding their privacy and control.

Read more: How does HIPAA differentiate between consent and authorization?

 

Privacy rules

HIPAA's Privacy Rule establishes standards for protecting patients' personal health information. This rule mandates that healthcare providers and their business associates implement safeguards to ensure the confidentiality and integrity of protected health information (PHI). 

See alsohttps://www.paubox.com/blog/what-is-the-hipaa-privacy-rule 

 

HIPAA compliant email

HIPAA compliant email solutions, such as Paubox, are specifically designed to protect the privacy and security of electronic PHI. They incorporate advanced encryption and access controls to safeguard sensitive health information messages. Patients can trust that their health data is secure when communicated via HIPAA compliant email, which controls who can access and view their information, providing a secure vault for their health records, and ensuring they remain confidential and protected.

See also: HIPAA Compliant Email: The Definitive Guide 

 

Right to request amendments

Another important aspect of HIPAA is the right to request amendments to health records. Suppose a patient believes that the information in their medical records is inaccurate or incomplete. In that case, they have the power to request corrections. This provision ensures that health information remains accurate and up-to-date, and it's another way in which HIPAA places control in the hands of the patient.

 

Right to an accounting of disclosures

HIPAA also grants patients the right to request an accounting of disclosures of their PHI. This means that patients can receive a record of who has accessed health information and for what purposes. It provides transparency, allowing us to see who has been viewing the data and why. This knowledge can maintain control over personal health information.

 

Breach notifications

HIPAA mandates that patients be informed if there is a breach of their PHI. This provision gives patients control over their response to potential security incidents. Patients can take appropriate actions to protect their privacy in the event of a breach.

 

In the news

The U.S. Department of Health and Human Services' Office for Civil Rights (OCR) imposed a civil monetary penalty of $115,200 on American Medical Response (AMR) because they failed to provide a patient with timely access to their medical records. The penalty was the result of an investigation that began after a patient complained about not receiving their records despite multiple requests. 

In response, AMR eventually sent the records to the patient and revised its procedures to better handle future requests. The OCR issued a Notice of Proposed Determination in October 2023, informing AMR of the penalty. AMR chose not to contest the findings and waived their right to a hearing.

See more: American Medical Response fined $115K by the HHS 

 

FAQs

What is HIPAA?

HIPAA is a U.S. law that sets national standards for protecting the privacy and security of individuals' medical information and ensures that patients have rights to access their health records.

 

What is an example of a violation of HIPAA?

An example of a HIPAA violation is a healthcare provider failing to provide a patient with timely access to their medical records upon request. 

 

Who is subject to HIPAA?

HIPAA applies to covered entities such as healthcare providers, health plans, and healthcare clearinghouses, as well as their business associates who handle protected health information.

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