3 minute read
WHAT IS HIPAA?
A guide for knowing your private medical rights in the midst of a global pandemic. WORDS BY HAYDEN WITTROCK ART BY RACHEL HARTLEY
As society tries to return to normal in the midst of the ongoing COVID-19 pandemic, more and more companies, administrations, and organizations are mandating vaccinations against the virus. The increase in occasions where vaccine disclosure is required has caused many to use HIPAA as a defense of privacy. So, what is HIPAA? What information does it cover and by whom? Is this a reasonable, legal, defense if you are asked if you are vaccinated?
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WHAT IS HIPAA?
HIPAA—or the Health Insurance Portability and Accountability Act of 1996—is legislation that was enacted to protect individual medical records that are classifi ed as private. More specifi cally, the law’s Privacy Rule protects patient medical information from disclosure without the patient’s knowledge or consent.
WHO IS COVERED BY HIPAA?
Dr. Andrea Hoyt, PharmD, JD, a Des Moines attorney specializing in health law explains the complication of HIPAA coverage as, “All individuals are covered by
HIPAA, but where it gets stickier is who HIPAA applies to, meaning who has to follow HIPAA.”
While the main goal of the act is to protect patient information, it does so through healthcare providers more than individuals themselves. Furthermore, the entities who cannot disclose classifi ed patient medical information, or who HIPAA applies to, only include health care providers, health plans, health care clearinghouses, and business associates.
IS IT A VIOLATION OF HIPAA TO ASK OR BE ASKED IF ONE IS VACCINATED?
Dr. Hoyt noted that through professional and personal experience, the COVID-19 pandemic has highlighted misconceptions in the general public’s perception of what HIPAA means. She points to the coverage of HIPAA applying not to patients, but instead to health care professionals themselves,
The pandemic has forced much of society to be more transparent about individual medical information for the good of public health. As Dr. Hoyt fi nally emphasized, “People think that HIPAA is an absolute right to medical privacy, but it is so much more tailored than people realize.” In this era of public health crisis, people should strive to accurately understand the extent of medical privacy rights within or outside of HIPAA.
WERE YOUR HIPAA RIGHTS VIOLATED?
WORDS AND DESIGN BY ELLA FIELD From loved ones asking which vaccine you received to stuffi ng that slightly-too-big card in your wallet, living in a post-pandemic world can be confusing. It may be tough to remember which situations violate your privacy rights, so when you’re facing the question: “Were my HIPAA rights just violated?” Come back to this quiz and fi nd out!
START
Did your dean tell your professor that you were getting your wisdom teeth out because they were excited to see the post-surgery video?
Yes No
Did your coworker tell you that your boss is getting a colonoscopy?
Yes No
Weird... but not a HIPAA Violation.
This isn’t a HIPAA Violation, but your boss might not want this fl oating around...
Did your professor tell your class that you were absent because you had lice?
Yes No
Errr...*scratches head*... not a HIPAA Violation, but not cool, prof.
Did your mom tell a story at family dinner about the chickenpox you had when you were a kid?
Yes No
Embarrasing, but not a HIPAA violation.
Did your boss ask if you were vaccinated for COVID-19?
Yes No
Probably a mandatory check-in,
not a HIPAA Violation.
Probably a mandatory check-in,
not a HIPAA Violation.
Did your doctor’s online portal system accidentally send your medical records to all their patients?
Yes No
Major HIPAA
Violation. Call your lawyer. Did your friend ask for a photo of your COVID-19 vaccination card before you attend their wedding?
Yes No
No HIPAA Violation here. Proudly send that photo!
Yes No
Sorry about your cancer and your doctor violating your HIPPA rights.
Yes No
Not a good friend to talk behind your back and to violate your HIPAA Rights.
Did your nurse tell your doctor about the rash you need to have checked out?
Yes No
They’re just doing their job and not violating
your HIPAA Rights.
Hmm...You may want them to...
