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The HIPAA( Health Insurance Portability Accountability Act) set clear policies and standards for the protection of patient’s medical records in 1966 but for the ongoing two decades these rules have been a total confusion in applications them. Most of the providers have fear on the amount of fines that could be imposed on them if they shared the information to anyone or some entity outside the specified rules and thus they are compelled to over-protect the patient’s health information records.

It has become very frustrating for the patients trying to gain very sensitive health information for their loved ones. A tedious process of having a written permission in order to obtain access to such information has been used to discourage the concerns.

The patients are constantly left by surprise in learning which kinds of people are allowed by the law to access such health records. It is very daunting that the payers, government, some employers and many other irrelevant people on such health information or medical records are allowed access without restrictions (Torrey, 2012).

The HIPAA privacy rule have been seen differently by its observers, some say that the legislation has foreseen needed and welcoming regulations but the large percentage see it as burdensome, restrictive and creating worsening problems as seen earlier. Additionally, there are other knocks against HIPAA bringing it under attack by patients, lawyers, hospital risk managers and other concerns.

The “don’t tell anyone anything” issue has resulted to unnecessary restrictive requirements that deter the conveyance of the necessary information to people who deserve or need it.

There is deprivation of the genuine information by the law for the mental health problems of the patients and the caretakers which preferably is very life-threatening if not shared in time.

Trhe issue/ problem with the clinical trials: the HIPAA constantly brings about massive obstruction for the biomedical researchers who demand access to large number of the patient’s medical records so as to determine the efficacy and the possibility of safety of using new drugs and more research priorities.

The HIPAA Omnibus rule is jeopardy. It significantly lowers the capacity of patient’s barrier to breach of confidentiality especially with electronic health records and data transmission. The patients are therefore not required to prove harm for occurrence of the breach but just a mere authorization of the patient’s medical records observation , which the physicians have an obligation to report to the federal authorities in United States if it has involved 500 patients or more, constitutes a solid breach to the patients’ medical records confidentiality.

Additionally, there has been a strong claim that the HIPAA suppresses innovation especially in the sprouting field of the mobile health whereby the designers of the portable health devices and apps that amass and wirelessly transmit and receive patient data have been troubled in meeting the privacy and security requirements of HIPAA.

Therefore in conclusion HIPAA is in great attack, with helpless issues of privacy and security problems and with those supporting arguments should be crapped out as it is making life more difficult for many American citizens (Chesanow, 2013).

REFERENCES

Chesanow, N. (2013, september 16). HIPAA creating more problems than it is preventing: HIPAA under attack.