Privacy
Overview of the HIPAA Privacy Regulation
The HIPAA Privacy Regulation ("Privacy Regulation") took
effect on April 14, 2001 (final modifications were published on
8/14/02). It was created to ensure the protection of a
patient’s health care information. This information is defined as
"protected health information" or "PHI." The Privacy
Regulation can be broken down into three distinct categories:
- Uses and Disclosures;
- Documentation; and
- Patient Rights.
Uses and Disclosures – Permitted uses of PHI include those
for treatment, payment and healthcare operations as defined in the
Privacy Regulation. Other uses that require specific approval from the
patient include those for certain marketing and fundraising activities.
Examples of disclosures permitted are those made to public health
agencies, regulators and law enforcement officials (limitations apply).
Documentation – Consents, notices, and authorizations have
specific meanings under the Privacy Regulation and will need to be
considered in great detail in the coming year as we move toward
compliance with the regulation. Consents are optional for routine health
care delivery purposes (known as treatment, payment and health care
operations); Authorizations are needed for other uses and certain disclosures;
and, a Privacy Notice outlining all of the ways in which we use PHI will
need to be made available to our patients.
Patient Rights – Several patient rights are associated with
the Privacy Regulation. Specifically, patients have the right to:
- Request copies of their records;
- Request restrictions related to use and/or disclosure of their
PHI;
- Request an amendment to their PHI; and
- Request an accounting of certain uses and disclosures of their
PHI.
Most covered entities have two years to comply with the Privacy
Regulation.