HIPAA: The Health Insurance Portability and Accountability Act

The Health Insurance Portability and Accountability Act is a federally mandated and monitored law that protects the privacy of the patient and the patients' medical records as well as the administration facility housing the records. HIPAA was put into effect back in 1996 to protect the privacy and security of the patient and health care facilities. Both consumers and licensed health care facilities are covered by this law and face a hefty fine or even having their license to practice revoked if they are found in violation of this Act. However, only a handful of health care facilities have been found in violation of this Act, since its inception, and none have ever been forced to shut down. There have been several revisions of this law since going into effect in back 1996; all have been done on a case by case basis.

The Statute to this law reads: "The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) called for the establishment of standards and requirements for transmitting certain health information to improve the efficiency and effectiveness of the health care system while protecting patient privacy. The Administrative Simplification Regulations have been developed to implement these statutory provisions" ("Health Insurance Portability and Accountability Act of 1996"). This statute covers all patients, facility personnel, documents housed in said facility and even the garbage thrown out by the facility. There are several processes that one must go through to obtain medical records about anyone whether it is electronically, physically or even orally. Now there are some special circumstances where verbal consent or "by proxy" consent will be given to view or receive medical records; usually only in cases of emergency where the patient is non-responsive.

Laws like the Health Insurance Portability and Accountability Act are good for protection because they give the patient peace-of-mind knowing that their privacy is being respected. For example, a woman applying for a job at a hospital doesn't want the hiring manager to know that she had an abortion at the age of eighteen. It's not information that person needs to know and she shouldn't have to be put into a situation where judgment may be passed due to religious beliefs. There is certain personal information that should be kept private until the appropriate time and personal medical history is one of them.

Working as a pharmacy technician I deal with patient medical history every day. Checking drug reactions, drug allergies, and even food allergies in patients is part of my everyday work routine. There are several instances where someone, who is allergic to penicillin, needs to be prescribed another kind of antibiotic. However, in compliance with HIPAA we must first notify the patient, of the change, before dispensing as well as notify the prescribing physician. I am already enacting these standards as I work under them each and every day. I will continue to enforce this law where ever I work whether I am a pharmacy technician, pharmacist, oncologist or even a general practitioner; HIPAA will still apply. I am sure we will see more revisions of this law as new unique cases of violation continue to pop-up, however, I feel that more people, patients and doctors alike, need to take this Act more seriously. Patient-doctor or even patient-pharmacist confidentiality is very important. You wouldn't want your entire life history displayed for the whole world to see and access; neither does the patient.

References

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. (1996, August 21). Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

Pointer, D., Williams, S., Issacs, S., & Knickman, J. (2006). Introduction to US Healthcare. John Wiley & Sons