brenda
Joined: 28 Oct 2002
Posts: 103
Posted: Tue Apr 15, 2003 12:11 pm Post subject: New Medical Privacy Law
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Tough new law will help guard your medical privacy<
>BY SARAH LUECK The Wall Street Journal<
>Posted April 14, 2003 <
>Two years ago, after a suicide attempt and a 10-day stay in the hospital for severe depression, John David Allen Sr. thought his worst days were over.<
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>Then someone gave the Wood
idge, Va., school board member's hospital admissions form to the local newspapers. "Is this the kind of school-board member our community needs?" an accompanying note asked.<
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>"I felt violated," Allen said.<
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>Today, a federal rule designed to crack down on unauthorized disclosures of personal medical information is set to take effect. <
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>Now, such a leak would be a violation of federal law, punishable by a fine of up to $250,000 and 10 years in jail under the Health Insurance Portability and Accountability Act. The rule requires doctors, hospitals, health plans and others to take steps to protect medical information, and gives patients new rights to manage their own records.<
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>Despite its good intentions, many in the health-care industry warn that it will complicate the work of doctors and hospitals. Some health-care providers don't completely understand the rule and might either go too far or not far enough to comply with it.<
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>Allen, 57, never found out who was responsible for the disclosure. But under the new rule, he could have requested a federal investigation. "I hope this new law works," he says. Whether it does is still a matter of intense debate and patients, physicians and government officials. Here are the basics of the new law.<
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>Q. What does the new rule do?<
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>A. It gives you the right to restrict certain uses of your health information. For example, you can ask your doctor to call only at work, or stipulate that appointment reminders be sent in envelopes rather than postcards. These steps might be helpful for a victim of domestic abuse who doesn't want her husband to find out she's getting medical treatment, or if someone doesn't want his roommates knowing he's seeing a psychiatrist.<
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>If you end up in the hospital, you can ask the institution not to discuss your condition with certain people, including media. In addition, you can obtain a copy of your medical records and request changes if you find errors.<
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>Q. If my internist wants to talk to a specialist who is treating me, can the two doctors talk without getting my permission first?<
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>A. Yes. Your consent isn't required for the sharing of information involving treatment, payment or other "health-care operations." So, health plans are permitted to get information for billing.<
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>In other cases, such as when health information is to be used for marketing purposes, consent is required. For example, a doctor would need consent before giving a health club a list of overweight patients who might be prospective members. In addition, a doctor, hospital or health plan would need consent before giving medical information to employers or life insurers.<
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>Q. Will I have to fill out a lot of new paperwork?<
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>A. Providers will be required to give you lengthy forms - easily 10 pages long - that state your rights, explain the health-care provider's obligations and tell you how to file a complaint. In most cases, you will be asked to sign a document acknowledging that you read the form. If you don't sign it, it doesn't mean you won't get care or that you're not protected by the rule. The health-care provider will simply note your refusal.<
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>Some are skeptical that the form will help patients understand their rights. "Many are going to look for the trash can," says John Houston, a privacy officer at the University of Pittsburgh Medical Center.<
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>Some health-care industry experts say the new regulations could actually make it harder to get information about patients in an emergency or complicate the job of busy health workers.<
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>Q. Will drug companies be able to find out about my health problems and what medications I take for marketing purposes?<
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>A. Doctors and pharmacies are supposed to get your consent before they provide such information for marketing purposes. But materials that seem like advertising still could be sent to patients without their consent, says Janlori Goldman, director of the Health Privacy Project, a nonprofit advocacy group. For example, a drug company could pay a pharmacy to send out a letter about a new product to patients with a certain disease.<
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>If the information were health-related, the letter wouldn't have to mention that the pharmacy had been paid by the manufacturer.<
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>Richard Campanelli, who heads the Health and Human Services Department's Office for Civil Rights, which will enforce the privacy rule, says officials didn't want to make the marketing portion of the rule so restrictive that it would disrupt communication that could benefit the patient.<
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>Q. Can I prevent my doctor from reporting a certain procedure to my insurance company?<
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>A. You can ask your physician not to tell your insurance company you received a particular test and pay for it out-of-pocket to avoid the need for billing the insurance company. Doctors don't have to agree, but if they do, the new rule requires they stick to their promise.<
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>Q. Should I have a copy of my medical records?<
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>A. You might want them if you're switching doctors, seeking a second opinion or have complicated health problems. Some patients might want to check for errors, much like they would a credit report, Goldman says. Such information can affect your ability to get life insurance.<
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>Q. What if I think my privacy has been violated?<
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>A. You can complain by writing to HHS within 180 days of an unauthorized disclosure. The department plans to post information about how to file complaints at
www.hhs.gov/ocr/hipaa. Also, you can complain to the privacy officer at the place where the violation supposedly occurred.<
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>Q. Will the rule prevent me from picking up a spouse's or neighbor's prescriptions?<
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>A. It shouldn't. Pharmacies are supposed to continue using the same practices they do now to make sure the person picking up the prescription was actually sent by the patient.<
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>Q. If a friend of mine loses consciousness and I take him to the emergency room, will the physician be able to tell me what's going on?<
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>A. You can probably get information about your friend's condition. Also, the physician can share information if it helps with your friend's treatment. So if you are going to take care of the friend after discharge, the doctor will be able to explain what you need to know.<
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>Q. Do the rules allow teenagers to keep their medical information secret from their parents?<
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>A. Not necessarily, unless they live in a state that explicitly requires such confidentiality. Some states allow minors to get testing for sexually transmitted diseases or other sensitive services without permission from a parent or guardian, but they don't always guarantee confidentiality. The rule doesn't change that. Some health-care providers might still keep the information private.<
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>Q. Will I be able to find out whether a friend or relative is in the hospital?<
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>A. Hospitals are allowed to continue to provide basic information - generally a one-word description of the person's condition, sometimes a room number - to callers asking about a patient by name. Many hospitals will begin asking patients if they want to restrict that information.<
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longtime patient
Joined: 15 Apr 2003
Posts: 1
Posted: Tue Apr 15, 2003 1:54 pm Post subject: hippa
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i need a rubber stamp with my signature. Most of the paperwork appeared the same, DaVita's was a little on the twisted side. My pharmacist built a wooden box to place between patient and counter where he counts pills so people cannot see who gets what. But the new law has good intentions to ensure privacy for sensitive issue's that should not be released to just anyone who decides to ask. I just hope when we receive standards of care for dialysis patients (or a few new reg's) that the clinics will be as accepting. AAAHHHH to dream!
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Lin
Joined: 28 Oct 2002
Posts: 337
Posted: Wed Apr 16, 2003 12:23 am Post subject: Yep!
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my privacy sure is protected; that's why my ss no. is asked for, and plastered all over paperwork that is seen by many.<
>A few months ago the unit DON informed pts. we could no longer put our names and weight on the weight board; just our initials. She said it was a new privacy law and required by Medicare. Low and behold a week later the unit newsletter came out and in it was a list of pts.. birthdates complete with names! Hmmm, name and birthdates in newsletter, and ss no. on my run sheet that lays around all the while I'm at tx.. No wonder it's so easy to steal someone's identity!<
>Often personal info. is "spilled" without anyone thinking twice. it's going to take awhile to change things, but it's really a good idea if people try to change the current ways. Lin.
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aprnjam
Joined: 28 Apr 2003
Posts: 85
Posted: Fri May 02, 2003 7:13 pm Post subject: Re: Yep!
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Lin, since I just joined this site, I'm a little late on getting around to reading this post. You rights under HIPPA have been violated and you have recourse for this action. You can file a complaint with the United States Secretary of Health and Human Services. Since I don't know where you are located, I'm going to give you the Southern Region address. The address is:<
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>Region IV, Office for Civil Rights<
>U.S. Department of Health and Human Services<
>Atlanta Federal Services<
>61 Forsyth Street, SW, Sute 3B70<
>Atlanta, GA 30303-8909<
>Voice Phone: (404) 562-7886<
>Fax: (494) 452-7881<
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>You can call this number and get the phone number/address for the particular region that you live in. Don't let them get by it!!!! File a complaint against them!!
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ridgerunner
Joined: 11 Jan 2003
Posts: 101
Posted: Sat May 03, 2003 5:33 am Post subject: new law
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all we need in more regulations. my contact nurse had been sending my labs to my VA doctor now she is afraid to so i send them my self. all we need is more regulations. have the personal to fill out more forms. regulation are in opinion are the reason the AIDS got out of hand. yes the sick person has rights but what about the public. so lets stop foolish regulations and get some standards and guide lines to protect the public.
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aprnjam
Joined: 28 Apr 2003
Posts: 85
Posted: Sun May 04, 2003 11:20 am Post subject: New Law
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Rigderunner, while I can agree with you to a point, regulations are a two-sided evil. While you have to comply with so many, this one actually will help protect you and allow you access to your own medical records and you can actually see what is documented by your physician in your records. This can be a good thing, because you could have a diagnosis that is not accurate, or be labelled with a diagnosis that may alter how health care providers treat you (such as somataform disorder). I have had many elder patients that have had acute delirium, that once the acute illness is resolved, they are fine, be diagnosed with dementia or Alzheimer's disease (including my own mother), when they only have a urinary tract infection. Under HIPPA, you can request and check your records and find out if you have been given this diagnosis and if it is not true, have it removed from your records. Prior to the passing of law, you had no way of finding out what information was contained in your medical chart.<
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>Prior to changes in the Medicare laws, physician's were paid on a fee-for-service model. In the late 1960's I worked in a hospital where elder patients were kept in the hospital for 2-3 years, with the physician just signing off on the need for the patient to be hospitalized, when in fact they should have been in long term care. They saw these patient's twice a day and billed for these services. They abused the system, which led to many of the changes that we see in Medicare today and the limited reimbursement. If we did not have regulations for the healthcare industry to follow, there are physicians out there who would take advantage of the system, making it much worse for those down the line.<
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>I know how hard it is for providers to meet all the regulations, but unfortunately they are required to keep the people who are dishonest honest. Too many people try to make a fast buck off the government and we all pay in the end.
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I
Joined: 15 Feb 2003
Posts: 3
Posted: Sun May 04, 2003 3:21 pm Post subject: understand
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what you're saying. One thing though. We are able to view our chart in dialysis. Sometimes they give us a hard time at first when we ask to view it. But if we tell them its our patient right they realize they have to let us..its our medical records. I can read everything in there.
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Right
Joined: 29 Apr 2003
Posts: 2
Posted: Mon May 05, 2003 10:27 am Post subject: NEW LAWS
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yOU ALSO CAN REQUEST THAT THEY CHANGE ANY UNTRUTHS IN YOUR RECORD.<
>tHIS IS A MAJOR STEP. THIS WAY YOU CAN CHALLENGE. EVERYONE SHOULD REVIEW RECORDS EVERY 6 MONTHS.<
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ridgerunner
Joined: 11 Jan 2003
Posts: 101
Posted: Mon May 05, 2003 11:05 am Post subject: regulations
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i get a copy of my labs every month. my doctor goes over them with me . he also checks my other problems and is free to discuss them with any other doctor. he is looking after me so he has to have my trust. i personal don,t care who sees my charts or any of my records the only thing i care about is the chance of getting good care and having control of my care.
