HIPAA Compliance and Health Privacy
Justice Department demands release of abortion records
After a group of doctors challenged the constitutionality of
the federal Partial Birth Abortion Ban Act of 2003, the Justice
Department demanded through a set of subpoenas that hospitals
in several states release the medical records of many patients
who had so-called partial birth abortions, the New York Times
reported today. The Justice Department is arguing that their request
does not violate federal law because "individuals no longer possess
a reasonable expectation that their histories will remain completely
confidential." However, the new federal privacy law (HIPAA) creates
such an enforceable expectation of privacy by limiting certain
uses and disclosures of people's health information.
Read More . . .
Privacy law wounds fund-raising efforts at medical foundations.
Last year, the California Pacific Medical Center Foundation raised
a record $20 million for the San Francisco hospital and its programs.
Now, thanks to a new federal law protecting patients' privacy, tapping
donors who receive treatment at CPMC will become more difficult.
Some rules contained in the Health Insurance Portability and Accountability
Act of 1996 took effect last April. They limit how health-care providers
can use and release medical information. Hospital-linked
foundations fund-raisers no longer have access to patients' medical
information.
Personal data may not be adequately protected from collection, use
and disclosure, according to a stinging report released today by
the General Accounting Office. In a survey of 25 federal agencies,
and through a GAO forum for federal privacy officers, the GAO found
a significant lack of compliance with the federal Privacy Act of
1974
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The interim final rule is HHS first installment of a bigger
rule that the Department intends to promulgate in the future for
the enforcement of HIPAA, called the "Enforcement Rule."
The Enforcement Rule will set procedural and substantive requirements
for the imposition of civil monetary penalties.
READ MORE . . .
What You Need to Know About HIPAA Compliance!
By Jim Cavagnaro
HIPAA - the Health Insurance Portability and Accountability Act
- is a federal law developed, in part, to define and regulate
the use of healthcare information in the United States. Entities
that provide, pay for or supply health services, medications or
equipment, as well as their business partners and vendors, are
affected by this new set of regulations. This article summarizes
the work that needs to be done to meet requirements necessary
to become HIPAA compliant.
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Health Privacy Project (HPP) announces the launch of its HIPAA
privacy complaint monitoring initiative. With this initiative
HPP will monitor the oversight and enforcement of the HIPAA privacy
rule by the Department of Health and Human Services' Office for
Civil Rights (OCR), to ensure that patients' privacy rights are
enforced effectively. HPP has posted a model complaint form
on its website and is asking the public to provide HPP with copies
of complaints submitted to OCR. OCR has yet to post an online
complaint form, even though most health care providers and health
plans are required to comply with the new privacy law by April
14, 2003.
READ MORE . . .
HIPAA Uproar over journalism and reporting of accidents and press
concerns over access to victim identities at hospitals
READ MORE . . .