THE NEW HEALTH INFORMATION PRIVACY ACT

The new Health Information Privacy Act (HIPA) is taking patient confidentiality to a new level. As of April 15, 2003 hospitals around the country were required to increase the confidentiality of patient's medical information. This federal law gives patients the right to choose who may see their medical information and who may not. Patients may choose certain family members, friends, or clergy members that will be informed of the hospitalization and others that will not be notified.

While this act was passed to protect patients, it also has many unseen, unfavorable effects. For example, if a patient were to be hospitalized and is unable to express which information is to be sent to whom then no one, except for the hospital staff, would know where that person is..

Violation of this law by anyone on the hospital staff could bring civil or criminal charges of up to $250,000 in fines and 10 years in prison. However, under certain conditions, hospitals may obtain or distribute this information without consent from the patient. Some of these conditions can be:

1. When a disclosure is required by federal, state or local law, judicial or administrative proceedings, or law enforcement.
2. For public health activities
3. For health oversight activities
4. For purposes of organ donation
5. For research purposes
6. To avoid harm
7. For specific government functions
8. For workers' compensation purposes
9. For appointment reminders
10. For fundraising activities