The Health Insurance Portability and Accountability Act (HIPAA) of 1996 of the United States was created to benefit the citizens of the country. The act helps protect the health insurance of the workers, gives them the control of their medical and personal information and gives them the right to take legal action in case of suspected anomalies.
While the act has a lot of benefits, it has some drawbacks for the customers. Here is a brief look at the benefits and shortcomings that you should know about HIPAA.
• Benefit 1. HIPAA helps set a national standard in the sector of medical and health information. Before the HIPAA came into existence, the privacy of the medical and personal information depended entirely on the laws prevailing in the state of residence. Under the HIPAA, all states are required to adhere to certain minimum and basic standards. This brings uniformity in the privacy laws across the country. The states may further try and strengthen the laws to protect privacy.
• Benefit 2. HIPAA lets you access your own medical and health records. HIPAA allows the owner of the insurance to access his or her own medical and insurance records. Copies can be made and requests for amendments in the records are allowed. A fee is charged to carry out copying and amendment requests.
• Benefit 3. HIPAA debriefs you of all your rights under the act. The patients are debriefed of all the rights they are entitled under the privacy act. HIPAA training is also available and most organizations who opt for group health insurances have mandatory training for their employees. This helps them stay abreast of all the latest developments and announcements and keeps them aware of their various privacy rights.
• Benefit 4. HIPAA allows you to file complaints against alleged misuse of information or other crimes related to your personal information. If a person suspects misuse of information or violation of privacy, HIPAA has provisions to help file complaints. If the alleged party is found to have violated rules, action can be taken.
• Shortcoming 1. The consent of the consumer to use personal or medical information is not always required. This is true under certain special circumstances and medical emergencies. For instance, during an accident or a medical emergency, the caretaker would not wait for your go-ahead to reveal your personal details.
• Shortcoming 2. Your past medical information may be kept private, not hidden. Your medical history may have to be disclosed if the need arises, or the current medical situation demands it.
• Shortcoming 3. Your medical data may be used for marketing purposes. Pharmaceutical companies are constantly looking for drug reviews, performance and feedback. Your information may be used by them to evaluate, recall or repair some product.
• Shortcoming 4. You cannot sue under the HIPAA. If you suspect some anomalies regarding your personal information, you can lodge a complaint. However, the law does not allow you to sue the allegedly offending party.
While the HIPAA was created to benefit the consumer, there may be some loopholes, which are not in the favor of the consumer. However, the act does bring uniformity in the health insurance sector and helps the consumer in more than one way.
For more information, please visit our HIPAA website.
