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Protecting Your Medical Privacy

A federal law, called HIPAA, is designed to safeguard patient rights

By Karen Pallarito
HealthDay Reporter


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FRIDAY, May 5 (HealthDay News) -- As a patient, you've probably scribbled your name on countless forms over the years. One of them is an acknowledgement that you have received a copy of your medical provider's privacy policy.

But do you have any inkling what that so-called "Notice of Privacy Practices" actually says?

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"I think generally with a lot of notices people simply don't read them because they may be several pages long and sometimes they're rather complex," said Tena Friery, research director of the Privacy Rights Clearinghouse, a nonprofit consumer information and advocacy group based in San Diego.

Still, people's lack of familiarity with the details of that policy doesn't diminish its importance, advocates insist.

In general, the notice patients receive describes their rights under the federal Health Insurance Portability and Accountability Act (HIPAA), the law that established the nation's first-ever standards for protecting the privacy of Americans' medical records.

Before HIPAA, people relied on a patchwork of state laws that may or may not have afforded them sufficient rights and protections. But since April 14, 2003, doctors, hospitals, health plans and pharmacies have had to abide by a single national standard. While HIPAA establishes a basic level of protection, state laws that provide additional or more stringent protections continue to apply.

The federal law establishes certain patient privileges, including the right to obtain a copy of their medical records. "That is one of the fundamental and most important rights conveyed by HIPAA," Friery said.

Patients may be required, though, to pay for copying and postage. Providers are allowed to charge a "reasonable" fee for preparing and delivering that document, she noted.

People also have the right to request corrections to information that is wrong or incomplete in their medical record.

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Copyright © 2006 ScoutNews, LLC. All rights reserved.
Last updated 5/6/2006





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SOURCES: Tena Friery, research director, Privacy Rights Clearinghouse, San Diego, Calif.; D'Arcy Gue, executive vice president, Phoenix Health Systems, Montgomery Village, Md.; U.S. Department of Health and Human Services, Washington, D.C.


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