Question

What is your opinion of the following statement; a medical record is the sole property of the patent and should never be released. Your essay should be at least two paragraphs, no more than on page. Consider Chapter 18, HIPAA and billing for services rendered. Your first paragraph should summarize the legal concepts. In the second paragraph, express your opinion and support it with fact/legal doctrine

Answer 1

The HIPAA privacy rule establishes national standards to protect individuals' health record and other personal health information and applies to health plans and those health care providers that conduct certain healthcare transactions electronically. This rule aims at establishing safeguards to maintain the privacy of personal health information, and also sets limit to the use and disclosure of such information without patient authorization. This rule provides the patient Right over their health information including frights to examine and obtain a copy of their records and to request corrections.

Yes, a medical record is the sole property of patient and should never be released. But there are many situations where we need to have this protected information of the patient in order to benefit the patient. HIPAA have set rules providing right to maintain the privacy of medical record but it also has set categories where these protected information can be used and disclosed.

• Treatment : The institution can reveal the information to healthcare providers like doctors, nurses who are involved in your care, to make necessary decisions about your course of treatment and to provide adequate care.
• Payment: The institution utilizes these information for billing of the services rendered. They can provide these information to health insurance companies and other billing companies so that the payment is received to the care providing institution and to you from the insurance company.
• Healthcare operations : These information are used by the institution for quality assessment, performance improvement activities.
• As required by law: These information is revealed when required by law for any legal purposes, references for a criminal cases.
• Organ and tissue donation: In certain cases these information are revealed to organization that handle organ donation. and transplantation.

Not only these but there are many other circumstances where this protected personal information need to be disclosed. The rules set for disclosure should be strictly followed in order to avoid any misuse of the information.