3 Circumstances in Which HIPAA Privacy Rights Can Be Waived
The Health Information Portability and Accountability Act (HIPAA) has detailed laws which clearly define how…
The Health Information Portability and Accountability Act (HIPAA) has detailed laws which clearly define how to handle any patient’s personal information. Such data is referred to as the protected health information (PHI) and is made up of details related to tests, diagnosis, treatment and personal information about the patient including address and contact numbers. Like all the covered entities, even health care providers like hospitals have to follow all the guidelines to ensure that such PHI are used only as per the law. Furthermore, health care providers will disclose such information without permission only when the provisions of HIPAA authorize it; examples include information shared for payments, public safety and consultation on treatment with another provider.
In addition to the above, the only other circumstances in which a health care provider can disclose such information is when the patient waives the privacy rights, but remember such wavier should be strictly in writing.
• Appointing a Representative: A health care provider has to keep all the data contained in your PHI completely confidential and to be shared with covered entities only. However you can authorize any person with whom such information can be shared. The hospital will ask you to put Health News India it down in writing detailing the names of such persons and their relationship with you. Some forms may also ask your permission to communicate and leave personal information on certain phones and answering machines, giving consent will also waive your rights to privacy accordingly.
• Wavier in Writing: Your health care facility will provide you with a wavier form which can be for a full wavier which should only be signed if you wish to share your complete information. Alternatively you will be provided a partial wavier form in which you can choose between the information that you want to keep private and what you are willing to disclose. In addition you can make your own list mentioning the information to be waived or kept private. However if this is put down on a plain paper as against a hospital form then it must bear a witness to be valid. Also such wavier can be revoked at any time you wish, and again must be stated in writing.
• Research Wavier: Often the patients agree to authorize use of personal information for the purpose of research. If you do allow disclosure of such information then you will have waived your rights of privacy to the information utilized for the particular research work. Though the researchers are required to take care of the personal data and ensure that it does not identify the patients or does not end up in the hands of any unauthorized person. But in any circumstances you cannot hold the health care provider responsible for any kind of breach.
The HIPAA has provided you with several rights to protect your privacy and even an option to waive certain or all such rights. And though any such waivers Working With Health Insurance can be revoked it is extremely important that you understand all the implications of such a wavier before giving your permission in writing.