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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.
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]
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]
Participants demonstrated a vague understanding of the legislated patient privacy rights. There were differing opinions on whose responsibility it should be to protect health information; some thought it was their own responsibility, while others thought that the government was responsible. Consent was rarely brought up within the discussion. [12]
The basic idea of HIPAA is that an individual who is a subject of individually identifiable health information should have: Established procedures for the exercise of individual health information privacy rights. The use and disclosure of individual health information should be authorized or required.
To protect the privacy and liberty rights of individuals, federal agencies must state "the authority (whether granted by statute, or by Executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary" when requesting information.
On July 14, 2010, HHS issued a rule that listed categories that included 701,325 entities and 1.5 million business associates who would have access to patient information without patient consent after the patient had given general consent to their medical practitioner's HIPAA release. [30] [31]
Another ethical challenge of therapeutic privilege which is discussed by Finnerty, is the question of who is qualified to judge the effect of non-disclosure on a patient which is critical consideration for a decision, ‘Insofar as it could be, what was clear from the case law was that it is the medical professional’s judgement of the effect ...