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When Privacy Becomes Law

understanding HIPPA

Kenisha Morgan, MBA, BS, AS
Kenisha Morgan, MBA, BS, AS
Senior Claims Technician
Health Care Service Corporation
When Privacy Becomes Law

HIPPA makes it illegal for covered healthcare providers, health plans, and their staff to access or share someone’s medical information unless the law allows it or the patient has authorized it. That means both “snooping” in a chart and talking about a patient’s private information without permission can be HIPPA violations.

What HIPPA protects

HIPPA(The Health insurance Portability and Accountability Act) protects “protected health information “ (PHI) PHI is any information that can identify a person and relates to their past, present, or future physical or mental health, the care they receive, or how that care is paid for. It covers information in any form: written, electronic, and spoken.

Accessing medical records without permission

Healthcare workers are only allowed to open or use someone’s medical record for legitimate reasons, such as:

  1. Treating the patient
  2. Getting paid for care
  3. Running the healthcare system (quality improvement, audits, etc.)

If an employee opens a record out of curiosity because it’s a friend, ex, neighbor, co-worker, or local public figure, that is unauthorized access. That kind of “just looking” is one of the most common HIPPA violations and can lead to termination, fines, and sometimes criminal charges.

Talking about what Patients share

Everything a patient tells a doctor, nurse, or therapist on a visit is part of their protected health information. In general, a provider cannot share that information with anyone unless:

  • It is for treatment, payment, or healthcare operations allowed by HIPPA, or
  • The patient has signed a valid authorization specifying who can receive what information and why.

Telling a friend, partner, family member, or co-worker details about a patient’s diagnosis, test results, or what they said in an appointment, without legitimate reason to and without permission, is an impermissible disclosure and can be a HIPPA violation.

Who HIPPA applies to:

  • Healthcare providers (doctors, clinics, hospitals, therapists, dentists)
  • Health plans (insurers, some employers health plans)
  • Healthcare clearinghouses and certain businesses associates who handle PHI for them , it does not apply to everyone on daily life. For example, a nosy neighbor asking about your health is a privacy issue, but it is not a HIPPA violation unless that person is acting in a covered healthcare role and mishandling PHI. HIPPA is about what covered entities do with your medical information. Another example is a nosey, messy coworker intentionally looking up your records to see what’s going on with you. That’s a huge HIPPA violation.

Why this matters for patients

When people know that their information is protected and that it is illegal for providers to access or share it without a proper reason or permission, they are more likely to be honest about their health. That honesty is what allows providers to diagnose correctly, recommend appropriate treatment, and keep people safe. At its core, HIPPA is about trust: your medical record and your conversations with your providers are not gossip, they are protected law.

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