The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is the most
substantial law for protecting patient information through the Privacy, Security, Enforcement,
and Breach Notification Rules (Office for Civil Rights, 2021). These laws are essential to
enforce the protection of health information and give direction on how to establish
organizational policies and procedures. Someone may unintentionally disclose information to
an unauthorized person, such as a family member, because they were unaware of the Privacy
Rule. Or a facility may not know what physical and technical safeguards are appropriate. Laws
help ensure that standards are upheld and that everyone is on the same page no matter what
organization you’re at. Laws help patients feel confident that their personal health information
will only be seen and used by those necessary. Organizations can also feel assured that they
are informed of the minimum they need to do to maintain patient trust.
When it comes to the United Legal System, I believe it has had a profound impact on patient
healthcare information. Starting with The Health Insurance Portability and Accountability Act
of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules are the main Federal laws
that protect health information. The Privacy Rule gives you rights with respect to your health
information. The Privacy Rule also sets limits on how your health information can be used and
shared with others. The Security Rule sets rules for how your health information must be kept
secure with administrative, technical, and physical safeguards. I do believe these laws are very
necessary Not only is your medical information need to be protected but your personal
information such as your SS#, address, etc. It is necessary that you are in control of your
medical information and who is authorized to view them. e
To protect patient information the United States government, implement the Health Insurance
Portability and Accountability Act of 1996 which is commonly referred to as HIPAA. e HIPAA
consists of five titles: "Title I: Protects health insurance coverage for workers and their
families who change or lose their jobs. It limits new health plans' ability to deny coverage due
to a pre-existing condition. Title II: Prevents Health Care Fraud and Abuse; Medical Liability
Reform; Administrative Simplification that requires the establishment of national standards
for electronic health care transactions and national identifiers for providers, employers, and
health insurance plans. Title III: Guidelines for pre-tax medical spending accounts. It provides
changes to health insurance law and deductions for medical insurance. Title IV: Guidelines
for group health plans. It provides modifications for health coverage. Title V: Governs
company-owned life insurance policies. Makes provisions for treating people without United
States Citizenship and repealed financial institution rule to interest allocation rules."
(Edemekong PF, 2022). A patient's health record is something sacred and should always
remain private unless the patients' themselves decide to share their information. With the
establishment of HIPAA patients can be a little bit more at ease knowing that their personal
health record remains confidential and if something from their record was shared without
consent there would be serious repercussions. HIPAA simply put makes it so that a patient's
healthcare information is on a "need to know" basis. There is also the HITECH Act (Health
Information Technology for Economic and Clinical Health Act). The HITECH Act was
applied during former President Barack Obama's tenure. The HITECH Act is defined as, "The
HITECH Act was created to promote and expand the adoption of health information
technology, specifically, the use of electronic health records (EHRs) by healthcare providers."
(2021). The implementation of the HITECH Act helped push the EHR to be utilized by
healthcare organizations. Prior to the HITECH Act only approximately 10% of healthcare
facilities were using electronic health records!! Also, the HITECH Act helped to tighten any
type of loopholes that were established during HIPAA. The HITECH Act has helped to
improve privacy and security of patient's health records.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security,
and the Health Information Technology for Economic and Clinical Health (HITECH) Act are
the primary Federal laws protecting health information. First, HIPAA was created as “a
federal law that required the creation of national standards to protect sensitive patient health
information from being disclosed without the patient’s consent or knowledge.” (CDC, 2018) It
consists of the Privacy Rule, which are guidelines for using and disclosing protected health
information, and the Security Rule, which governs how protected health information is
transmitted, received, and created. Second is the Health Information Technology for
Economic and Clinical Health (HITECH) Act was enacted in 2009 to “promote the adoption
and meaningful use of health information technology” and “addresses the privacy and security
concerns associated with the electronic transmission of health information, in part, through
several provisions that strengthen the civil and criminal enforcement of the HIPAA rules.”
(HHS, 2017) Ultimately, HIPAA and HITECH are necessary to keep patient information safe
and secure and give patients the guidance to make informed decisions. In addition, I believe
these laws are essential to protect the residents at my facility. Particularly patients deemed
incompetent, as these laws permit a designated individual appointed by the patient to authorize
the release of information for them if they are ever deemed unfit. Consequently, HIPAA only
allows the legally appointed person to sign the authorization.
The United States has had a tremendous impact on healthcare with the utmost need to protect
patient health information. HIPAA law requires that safeguards are put in place to protect
certain healthcare information. HIPAA security rules require providers and healthcare
organizations to have the appropriate administrative, physical, and technical safeguards for
ePHI (HHS, 2020). HIPAA privacy rules give individuals control over their health
information, allowing them to choose who can have access.
The confidentiality of Medical Information Act (CMIA) is a California state law that allows
patients to push for legal action against a health care provider, health insurers, and other
contractors who disclose their medical records without their authorization (Sweigart, 2021).
Patients must know that their medical information is kept private between them and the
healthcare medical professional; this will help build a trustful connection between the patient
and provider, improving the quality of care provided. e
References:
HHS. (2020, September 23). The Security Rule. U.S. Department of Health $ Human
Services: https://www.hhs.gov/hipaa/for-professionals/security/index.html
Sweigart, K. (2021, January 24). Unlawful Disclosure of Medical Information. Dillion Law
Group (DIG): https://www.dhillonlaw.com/blog/unauthorized-disclosure-of-medical-
information-hpiaa-and-cmia/
CDC. (2018). Public Health Professionals Gateway Public Health Law: The Health Insurance
Portability and Accountability Act of 1996 (HIPAA). Retrieved from
https://www.cdc.gov/phlp/publications/topic/hipaa.html#:~:text=The%20Health%20Insuranc
e%20Portability%20and,the%20patient%27s%20consent%20or%20knowledge.
HHS. (2017). HITECH Act Enforcement Interim Final Rule. Retrieved from
https://www.hhs.gov/hipaa/for-professionals/special-topics/hitech-act-enforcement-interim-
final-rule/index.html
Edemekong PF, Annamaraju P, Haydel MJ. Health Insurance Portability and Accountability
Act. [Updated 2022 Feb 3]. In: Stat Pearls [Internet]. Treasure Island (FL): Stat Pearls
Publishing; 2022 Jan-. Available from: https://www.ncbi.nlm.nih.gov/books/NBK500019/ e e e
What is the hitech act. HIPAA Journal. (2021, June 14). Retrieved May 3, 2022, from
https://www.hipaajournal.com/what-is-the-hitech-act/
Office for Civil Rights. (2021). HIPAA for Professionals. Hhs.org.
https://www.hhs.gov/hipaa/for-professionals/index.html