HIPAA Issues
The federally mandated HIPAA (Health Insurance Portability and Accountability Act) regulations took effect in 2003. The HIPAA regulations have many components, but the overall goal of the legislation is to provide for the privacy and protection of your personal health information.
Our office takes this federal mandate very seriously, and we make all attempts to protect your privacy. All members of our practice have completed HIPAA training, and our standard office procedures are HIPAA compliant. Our billing company, McGrath Group Management, is HIPAA compliant as well.
One component of the HIPAA regulations deals with how and with whom we can discuss your protected health information. A spouse, parent or child does not have an automatic right to be informed of your health information. As a general rule, we find it easiest if family members need and want to be involved in a patient’s health care, that the family members accompany the patient to his/her appointments. If the patient is present with the family member, there are no HIPAA issues or concerns, and the family member can ask additional questions or raise concerns during that visit.
If a patient’s family member cannot be present at the patient’s visit, and the patient would like for a designee to understand his/her health matters, there must be a signed HIPAA form in the patient’s chart that identifies with whom we can discuss the patient’s health information and under what circumstances. We do require each patient to complete a HIPAA form on their first visit. Please be aware that verbal permission is no longer adequate.
In order for us to disclose any health information about you to anyone, we must have a release signed by you authorizing us to disclose information to that individual. Note that under usual (non-emergent) circumstances, we will NOT discuss test results and routine matters relating to your healthcare with anyone except you personally, even if you have a signed HIPAA form identifying access to a spouse or family member. And, except for under limited circumstances, we will not use email to communicate test results and health information with you. On your first visit, we will ask for a mobile phone number where we can leave confidential messages for you.
For patients who are seriously ill and whose care is complicated and requires involvement from family members on regular basis, a health care power of attorney is required. This legal document specifically identifies those family members with whom we may communicate on an ongoing basis regarding your care.
Privacy Issues Specific to Minor Patients
Please also realize that all patients in the practice over age 18 have a right to keep their health information completely confidential. This is the case even if the patient is still on a parent’s health insurance plan, if the parent pays for the patient’s medical care or if the patient still lives with his/her parents at home.
Please be aware that for patients UNDER 18, health information and health care relating to pregnancy, sexually transmitted disease and contraception, is also protected information. Parents may not have unlimited access to such information.
As a general rule, we find it easiest if family members need and want to be involved in a patient’s health care, that the family members accompany the patient to his/her appointments. If the patient is present with the family member, there are no HIPAA issues or concerns, and the family member can ask additional questions or raise concerns during that visit.