Medical information held by a covered entity (PHI) can only be given to other
individuals or entities if the patient signs a written authorization or if the
information is subject to one of the exceptions in HIPAA that allow release
without the patient's specific authorization. When a person first seeks care
from a covered entity, the provider must give the patient a HIPAA privacy form
that explains the patient's rights under HIPAA. This is in addition to requiring a
general consent to medical care, a release to allow medical information to be
released to insurance companies to bill for care, and an acknowledgement that
the patient was given the HIPAA privacy information. If the patient does not
want information released to an insurance company, the patient must make
other arrangements to pay for care. (If the patient is part of an MCO and is
seeking care from an MCO physician, the physician must share information with
the MCO. If the patient refuses to sign the HIPAA privacy information
acknowledgement, the provider may still provide treatment, but must
document in the record that the patient was were given information about
HIPAA.
Patients have a right to require medical care providers to protect their
communications. For example, asking the physician to call at home, rather than
the office, to prevent co- workers from knowing the persons is seeking medical
care. While physicians have traditionally talked to family members about care,
patients can specify who medical care providers can and cannot talk to about
their care. Providers must respect these requests unless they conflict with
other provisions of HIPAA, or other legal requirement such as public health
reporting laws. Providers must also be careful not to share information
inadvertently witrh other patients who might overhear conversations in the
medical office. The regulations allow patients who believe that their medical
care providers are not complying with the HIPAA regulation to make a
complaint to
HHS' Office for Civil Rights
(OCR), which is charged with
investigating complaints and enforcing the privacy regulation.