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In 2019, the US Department of Health and Human Services Office for Civil Rights (OCA) promised to enforce patients’ right to access under HIPAA, using the Right of Access Initiative. There have currently already been two settlements with the OCA under the Right of Access Initiative, after companies failed to give patient medical records. [23]
(a) The patient has the right to personal privacy. (b) The patient has the right to receive care in a safe setting. (c) The patient has the right to be free from all forms of abuse or harassment. (5) Confidentiality of Patient Records. (a) The patient has the right to the confidentiality of his or her clinical records.
HIPAA provides a federal minimum standard for medical privacy, sets standards for uses and disclosures of protected health information (PHI), and provides civil and criminal penalties for violations. Prior to HIPAA, only certain groups of people were protected under medical laws such as individuals with HIV or those who received Medicare aid. [41]
Under HIPAA, HIPAA-covered health plans are now required to use standardized HIPAA electronic transactions. See, 42 USC § 1320d-2 and 45 CFR Part 162. Information about this can be found in the final rule for HIPAA electronic transaction standards (74 Fed. Reg. 3296, published in the Federal Register on January 16, 2009), and on the CMS website.
The Centers for Medicare & Medicaid Services (CMS) is a federal agency within the United States Department of Health and Human Services (HHS) that administers the Medicare program and works in partnership with state governments to administer Medicaid, the Children's Health Insurance Program (CHIP), and health insurance portability standards.
Enacted in 1996, the Health Insurance Portability and Accountability Act (HIPAA) protects sensitive patient health information from being disclosed without the patient's consent or knowledge. HIPAA sets the standard for protecting sensitive patient data held by health care providers, insurance companies, and their business associates. [110]