Confidentiality

HIPAA (Health Insurance Portability and Accountability Act of 1996)

On April 14, 2003, all covered entities (health care providers, health plans, and health care clearing houses) were expected to be in compliance with the standards that protect privacy of an individuals’ health information. These privacy standards were authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Privacy Rule (privacy standards), ensures that personal medical information shared with doctors, hospitals, and others who provide and pay for healthcare is protected.

Basically the Privacy Rule imposes new restrictions on the use and disclosure of personal health information, gives patients a new system of rights and regulates relationships with third parties with whom information is shared. When a patient provides personal health information to a covered entity, that information becomes Protected Health Information (PHI) and every effort is made to prevent it from falling into the wrong hands.

HIPAA protects this fundamental right to privacy and confidentiality. That means HIPAA’s Privacy Rule is everyone’s business from the CEO to the healthcare professional to environmental service staff to all students attending a clinical rotation within a covered entity. For students special HIPAA education is provided prior to participation in a clinical experience.

HIPAA is serious about patient privacy. A proven violation of breeching a patient’s confidentiality subjects the offender to disciplinary action by the covered entity as well as by the law.

When in doubt about HIPAA, communicate. Ask questions, share concerns or ideas. Safeguarding the privacy and confidentiality of PHI requires the effort of everyone working together.

CLIENT’S RIGHTS TO CONFIDENTIALITY AND PRIVACY

In 1972, the American Hospital Association created the Statement on a Patient’s Bill of Rights which addresses many of the basic rights a patient has when being treated in a hospital or nursing home. Confidentiality is one of these basic rights. A portion of this statement reads that:

The patient has the right to every consideration of his privacy concerning his own medical care program. Case discussion, consultation, examination, and treatment are confidential and should be conducted discreetly. Those not directly involved in his care must have the permission of the patient to be