Healthcare workers should be familiar with all privacy policies.
HIPAA and state laws mandate that all medical information retain a certain degree of privacy. Like other states, New York has strict rules about what medical information is, who can see and use it and when it has to remain absolutely confidential. Patients have access to their records, too, and may be able to make certain requests about their medical files.
HIPAA
The Health Insurance Portability and Accountability Act, also known as HIPAA, refers to a set of laws that dictate how medical information about a patient can be used. It also refers to whom the information can be given. The law requires that patients be informed of their rights. Patients are expected to sign a consent form indicating that they received the information and understand it.
Covered Entities
A covered entity is a person or agency that has the right to access your health information. Your insurance company, for example, is a covered entity. In order for them to pay your medical bills, they can request copies of your records. Nurses can be covered entities. If one nurse shares something about your condition with another nurse who will also be taking care of you, they are both covered under HIPAA. A nurse cannot talk to another health care worker about you if that person is not assisting in your care.
Protected Health Information
Also called PHI, protected health information refers to any information that describes a patient's health condition and information that can link a patient to that condition. For example, if a doctor writes "chest pain" and your last name on a piece of paper and leaves it in an easily viewable area of the nurse's station, anyone walking by could have access to it and would assume that you are being treated for chest pain. This may not seem like a big deal, but some people don't want anyone but hospital personnel to know why they are being treated. Also, some patients are being treated for conditions that are much more sensitive than chest pain, and could cause them great embarrassment if the condition was found out.
Minors
In New York, parents have "no right to access if minor can lawfully obtain health care service without the consent of a parent," according to a HIPAA website. This means that if a teenager goes to Planned Parenthood for birth control pills without initial parental knowledge, parents who find out later cannot call Planned Parenthood and ask questions about the teenager. Planned Parenthood in most states don't require authorization from a parent to help a child. Health care workers can also withhold information from a parent in other situations if they don't find that "disclosure is in the best interest of the child," says the same website. This usually happens if abuse or neglect is suspected.
HIV
HIPAA site also states that "no person can disclose or be compelled to disclose" a patient's positive HIV status. An exception to the rule is the release of a child into the foster care system. Social services and fosters parents do have the right to know if a child is HIV positive.
Research
Although strict rules are involved, some health information can be used for research purposes. Information about the recurrence of some conditions or diseases, or the types of prescriptions written, can be tracked this way.
Other Rights
Patients also have the right to see what is in their medical charts. According to the New York State Department of Civil Service website, "You have the right to inspect and copy medical information we maintain about you. Your request must be made in writing." The facility can charge a fee for the service. The patient can also ask for amendments to the record if he believes any piece of information is incorrect. In some cases, patients can ask for extra restrictions on who can access their files.
Tags: have right, medical information, being treated, chest pain, health information
