HIPAA is a US federal law that protects individual health records. Healthcare facilities can only share medical information when authorized by the federal government. HIPAA disclosure is permitted for processing, payment, public health, legal cases, and child abuse cases. Healthcare professionals may use professional judgment to determine whether disclosure is necessary.
A Health Insurance Portability and Accountability Act (HIPAA) disclosure is the legally authorized sharing of individual health or physical information by healthcare facilities. HIPAA is a United States federal law passed in 1996 to ensure that the Department of Health and Human Services (HHS) has established guidelines to protect individual health records. The guidelines are known as the HIPAA Privacy Rule, which requires health information to be kept confidential with certain statutory allowances for disclosure.
The US Civil Rights Office oversees HIPAA privacy legislation to ensure that healthcare facilities, known as covered entities, only share individual medical information when authorized by the federal government. The most basic HIPAA disclosure is individual, where a doctor can share a patient’s medical information with the particular individual. Individual disclosure also allows a patient to voluntarily waive their privacy rights and allow the physician to share health information with the patient’s family or friends, such as updating them on the patient’s condition or allowing them to fill prescriptions.
HIPAA disclosure is permitted for processing purposes. A doctor may share a patient’s health information with another specialist who will treat the patient. Health information may also be shared legally for payment purposes, such as billing a patient’s insurance company.
Medical information can be reported if it poses a threat to the public. HIPAA disclosure is permitted if a patient has a contagious disease or virus and needs to be reported or quarantined. The US federal government also requires the sharing of medical records in cases of suspected bioterrorism.
Under the Occupational Safety and Health Act (OSHA), an employer is legally required to notify the Occupational Safety and Health Administration of any employee injuries that occur in the workplace. The employer is authorized to share any pertinent employee health information with management. If the employer fails to disclose the information, he faces financial and legal consequences.
HIPAA disclosure is required if it is significant to a criminal investigation or legal case. It can be used by investigators to determine the cause of death or to locate a suspect, victim or witness. Confidential medical information can also be shared if ordered by a judge to appear as evidence.
Healthcare facilities may disclose children’s medical records if neglect or abuse is suspected. In this case, doctors should not inform the parents or guardians of the children. They are authorized to turn over any information that involves a danger to children to the local or federal government. Under the HIPAA privacy law, healthcare professionals may also use professional judgment to determine whether HIPAA disclosure is necessary, even if it is not clearly outlined in the law.
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