Health Insurance
Portability and Accountability Act (HIPAA)
Temple University has implemented new federal privacy rules aimed at
providing more protection for health care information.
Congress passed legislation in 1996 known as "HIPAA": the
Health Insurance Portability and Accountability Act, which includes
a number of health reform provisions. For example, one part of HIPAA
helps patients transfer their health care insurance coverage when they
change jobs (hence the title: "health insurance portability").
A major section of the law addresses concerns about patient privacy
and the growing issue of electronic transmission of data. Across the
country, there were concerns about 1) differences in state laws and
the fact that there was no national standard for privacy protection
of health care information; 2) the potential for health information
to be shared and disclosed for commercial use without the patient's
authorization; and 3) the possibility that confidential health information
could be used to discriminate against individuals with long-term chronic
illnesses. Congress directed the Department of Health and Human Services
to adopt Rules to implement the privacy provisions of HIPAA. These
rules (the "Privacy Rule") have recently gone into effect.
The most visible effect of the rule will be the distribution of "privacy
notices". The rules require that "covered entities",
which include health care providers, advise clients of the uses of
their health care information and the rights of the clients with regard
to that information. This means that the first time a patient visits
a nurse practitioner, physician, clinic, pharmacy, hospital or other
provider, the patient will receive a "privacy notice". Since
insurance companies and health plans are also "covered entities" most
people will also have received a privacy notice in the mail from their
health insurer.
The privacy notice, which is required by law, will describe the uses
of "protected health information", that is, what the covered
entity does with the personal information that it has in its possession.
As a general matter, the health care provider will use health information
for purposes that include treatment, payment, and operations.
The notice will also describe the rights that each person has regarding
his or her health care record. In general, each person has a right
to confidentiality of protected health care information, as well as
additional rights such as receiving a copy of the record, placing restrictions
on who receives information about their health care, and amending the
record if an error has been made. The notice also informs people how
to contact the institutional privacy officers for information.
Another effect of the rules is the training requirement. University
staff members whose work entails contact with patient information have
undergone training in the Privacy Rule and the University's policies
and procedures.
The new rules establish a national standard for privacy protection.
They give patients more assurances that safeguards are in place to
protect health care information in an era when information can be transmitted
widely and quickly through electronic means. Protecting the confidentiality
of patient information is an element of excellent care and service
and is integral to both compliance with the Privacy rule and the mission
of the university.