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April 18, 2003
HIPAA Keeps Patient Info Private - Even From Families

For health-care consumers, the Health Insurance Portability and Accountability Act (HIPAA) rules that went into effect on Monday mean more forms, more questions - and more privacy protection that many thought they had already, according to the Cincinnati Enquirer.

HIPAA affects insurance companies, hospitals, doctors, dentists, pharmacies, nursing homes, blood banks, and organ and tissue banks - and people trying to do such previously everyday things as determine the status of loved ones who are hospitalized or help them with their insurance forms.

When Karen Marshall called her family's health insurance company this week with a question about her husband's coverage, the company asked her if her husband had given permission for them to talk about his account.

"We've been married 32 years!" she said. In the end, though, she got the information she wanted.

Shirley Ross, 65, was surprised to read in a new privacy notice during a doctor's visit that providers can no longer give out or sell patient information for marketing purposes. "I thought I already had privacy protection," Ross said. "Maybe that's why I was getting all those calls from drug reps."

Under HIPAA, patients can limit how much information is given out about them and their health. Patients are given information on their privacy rights as they're treated or admitted to a medical facility. A patient admitted to a hospital, for example, can choose not to be listed in the facility's directory. That means a journalist can't call and find out anything about that person's condition.

But as the Enquirer notes, it also means friends and family can't either. And cards and flowers won't be delivered to that patient's room - they'll be sent back.

"I have a feeling that when patients find out all that it entails - that their mail will be sent back, that their flowers will be sent back - that they won't take advantage of opting out" of a facility's directory, said Mary Lopez, a nurse-attorney in the Health Alliance's HIPAA program management office.

The Enquirer also reports:

  • Consumers who pick up prescriptions for other people - spouses, parents, adult children, etc. - are being asked to sign "good faith" forms that say the patient has given permission for them to pick up their medication.

  • Have you tried calling your mother's doctor this week to ask whether her new medication is what's making her so forgetful? Unless your mother - or father or spouse or adult child - has cleared it, the doctor can't discuss the patient's care with you.

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