The Health Insurance Portability and Accountability Act regulates the rules and guidelines for the use and release of a patient's personal health information. This is also referred to as "protected health information." State and federal laws as well as individual hospital policies tend to be more restrictive in their standards than HIPAA privacy regulations in regards to using and releasing a patient's health information, but the most restrictive law or policy in comparison between them will be honored and implemented.
Rights of Patients
According to HIPAA regulations, patients have to be informed about how their personal health information will be used. They must be given the option to object to their information being used or released and be allowed the decision on restrict the release and use of their private health information. Hospitals, on the other hand, can use and disclose a patient's personal health information without the patient's consent in the cases of treatment, payment and health care operations. Also under the HIPAA privacy regulations and by specific provisions, limited information about a patient can be released without the patient's consent when someone asks for the patient by name.
Hospital Directory
The following information can be placed in a hospital directory if a patient does not object to its inclusion: patient's name, specific location within the attending covered healthcare facility, condition in general terms without specific information about the patient, and religious affiliation (only released to clergy who do not have to ask for the patient by name). This information is only for directory purposes and may be available to clergy or to anyone else who asks for the patient by name.
Condition of Patient
A patient's condition may be made available within the limitations implemented by the HIPAA privacy regulations. If a patient is asked for by name, a general description of the condition may be released without any specific information being provided about the patient. Information regarding minors (children under 18 years old) may be released only with the consent of a parent or legal guardian according to the HIPAA guidelines.
Emergencies
In cases of emergency circumstances where patients are not able to object to or restrict the use of their health information in the hospital directories because they are in need of emergency treatment (or incapacitated), privacy regulations make allowances for the hospital's use or disclosure of this information in the hospital directory. This is allowable only when it is compatible with the known preferences of the patient or is disclosed with the patient's best interest and professional judgment of the covered healthcare provider. Both cases must be accurate in order for patient information to be made available in the hospital's directory, according to HIPAA regulations. Some states have restrictions that do not allow the release of any information pertaining to the status of HIV/AIDS patients. And information concerning patients in drug or alcohol treatment programs (whether they are attending or not attending a program) is not allowed. EMS units and ambulance services are also restricted by HIPAA regulations concerning patients' information.
Disaster Relief and Death
In disaster relief situations, hospitals and other covered entities may release the health information regarding a patient to public and private entities lawfully authorized to assist in disaster relief efforts for the purpose of coordinating services to contact persons directly responsible for the patient's care. This includes family members and personal representatives. Hospitals are required by law to report the death of a patient. Information about a patient's death is made public after efforts have been made to notify family members/next-of-kin. A legal representative or the next-of-kin of the deceased must approve the release of such information, such as cause of death, before the hospital can release it to the public.
Tags: health information, about patient, patient name, privacy regulations, HIPAA privacy, HIPAA privacy regulations, HIPAA regulations