HIPPA PRIVACY LAW
posted 08/15/2006
The Health Insurance Portability and Accountability Act of 1996 (HIPPA) is a Federal law that regulates health plans, health insurers and other related entities and individuals.
Like all plans, Union health plans must comply with HIPPA. The HIPPA “Privacy Rule” is the part of the law that gets the most attention.
The rule is designed to protect the privacy of your health information.
Health plans and health insurers must protect certain health information known as “P.H.I.” protected health information. This information cannot be used or disclosed to anyone without your written authorization.
The HIPPA Privacy Rule requires health plans and insurers to distribute a “Notice of Privacy Practices” that outlines the circumstances in which the law allows them to disclose P.H.I.
Your representatives and family members can get your P.H.I. only if you give them written authorization that meets Federal standards, which must include:
(1) a description of the information to be used or disclosed;
(2) the identification of persons or class of persons authorized to make the use or disclosure of PHI;
(3) the identification of the persons or class of persons to whom the health plan or health insurer is authorized to make the use or disclosure;
(4) a description of each purpose of the use or disclosure;
(5) an expiration date or event;
(6) the individual’s signature and date; and
(7) if signed by a personal representative, a description of his or authority to act for the individual
From a practical view, there are many circumstances that may require an “authorization” in the form either of a formal authorization or by revising some of your existing personal documents. These circumstances include giving permission to a family member or friend to care for another family member or friend, allowing access to your attorney or advocate to medical information, and giving your guardian the authority to secure medial records in a living trust or other such estate-planning situation.
The Federal government’s phone number for HIPPA Privacy questions is 866-627-7748. The web address is www.hhs.gov/ocr/hipaa/.