What is the Health Insurance Portability and Accountability Act? Ask the Lawyer ...Middle East

Q: I just want to get my medical records, but was told I “must use a HIPPA compliant form.” Just what is HIPPA? That’s my first question.

S.B., Culver City

A: The Health Insurance Portability and Accountability Act (abbreviated HIPPA) is a federal law that seeks to protect the privacy and security of a patient’s health information, and also assists people in maintaining health insurance. HIPAA sets forth national standards to prevent the disclosure of sensitive health information that may otherwise be disseminated, published or made available without the patient’s consent or knowledge.

The HIPPA-compliant form includes (a) the patient’s full name, date of birth and other identifiers; (b) the specific information that will be shared; (c) the people who are authorized to share the information; and (d) the third parties who may receive it.

When HIPPA was introduced in 1996, it was in large part to address the issue of insurance coverage for individuals between jobs, and with pre-existing conditions. Since then, there has also been a significant increase in health-related transactions that occur electronically. HIPPA strives to effectively deal with these circumstances.

Q: Next question: Who has to comply with HIPPA?

S.B., Culver City

A: The entities that are required to comply with HIPPA include health plans, health care clearinghouses, and health care providers who carry out electronic transactions. The Department of Health and Human Services has developed standards that are collectively known as “covered entities.” Businesses that assist covered entities with the disclosure of protected health information also must comply with HIPPA.

FTC resource

The Federal Trade Commission has an informative online link about health information, which contains a summary of HIPPA, the FTC Act and the Health Breach Notification Rule: shorturl.at/idhDV.

Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.

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