Protecting Your Health Privacy

In 1996, the United States passed the Health Insurance Portability and Accountability Act (HIPAA), which establishes clear rules about who can look at, receive, and use your health information.  HIPAA gives you rights over your own health information and when and how it can be shared.  To exercise these important rights, you must understand them.

• You have the right to see or get a copy of your medical record and other health information.  You may have to pay to have your records copied and mailed to you, but in most cases your copies must be provided within 30 days.
• You have the right to change wrong information in your medical file and to add information if you think something is missing or incomplete.  Even if your healthcare provider believes the information is correct, you have the right to have your disagreement noted in your file.
• You have the right to find out who has seen your health information.  Your health information can be used and shared in a variety of circumstances (for example, for your treatment; with relatives and others who are involved with your health care; for some public health reasons, such as flu; with the police for certain types of reports).
• You can let your health care providers and insurance companies know if there is medical information you don’t want to share.  Providers and insurers do not always have to agree, particularly if they believe it could negatively affect your care.
• You have the right to object to the sharing of health information, even with your loved ones.  It is important to understand that HIPAA does not require the patient to give written permission to have healthcare providers share or discuss his/her health information with family members or friends.  For example, HIPAA allows healthcare providers to give prescriptions, medical supplies, x-rays, and other health-related items to family caregivers, friend, or other person the patient sent to pick them up.  Hospitals can discuss medical bills with family members who are with the patient if the patient does not object.  Doctors can discuss drugs with caregivers who come with the patient to an appointment if the patient tells the provider he can share this information or if the patient is present and does not object to the sharing of information.

How can you learn more?  When you visit a doctor, enter a hospital, or open an account with a pharmacy, you will likely receive a form called the “Notice of Privacy Practices.”  This form explains your health information rights.  Read it before signing it! And, you can get information from www.hhs.gov/ocr/privacy.