HIPAA & Patient Privacy: Understanding Your Rights and Protections

The Health Insurance Portability and Accountability Act (HIPAA) provides individuals with protection from their private medical records being distributed without their consent. However, there are some instances when a person's medical records are not protected or issues with patient privacy and HIPAA.

Law

• In the instance of law enforcement and a warrant or court order, an individual's medical records are not protected under HIPAA.

Payments

• When a claim is submitted by a medical office to the insurance company a procedure or treatment will be disclosed. This can create a problem if the individual wanted to pay for the procedure on his own to keep the medical information private.

Research

• Another issue with patient privacy and HIPAA is that it has created barriers with individuals being able to participate in research studies. According to the Association of Academic Health Centers, the rate at which research can be done has been slowed because of HIPAA and patient privacy.

Marketing

• HIPAA does not protect someone's privacy when it comes to health information being released to pharmaceutical companies or to businesses for marketing, recalls or replacement of medication.

Suing

• Under HIPAA rules, an individual cannot sue if privacy is violated. However, a complaint can be filed with the company or medical office who violates privacy.