The Times Australia
Fisher and Paykel Appliances
The Times World News

.

What is the HIPAA Privacy Rule? A health law scholar explains

  • Written by Margaret Riley, Professor of Law, Public Health Sciences, and Public Policy, University of Virginia
What is the HIPAA Privacy Rule? A health law scholar explains

The Health Insurance Portability and Accountability Act’s Privacy Rule[1] is a federal law prohibiting health care providers, businesses and the people working with them[2] – including administrative staff, laboratories, pharmacies, health insurers and so on – from disclosing your health information without your permission.

When people talk about HIPAA, they typically refer to the Privacy Rule[3] provision established in 2003, which is just one part of a broader law initially passed by Congress in 1996. The Privacy Rule came into force after tennis star Arthur Ashe’s HIV status was publicly revealed[4] and country music star Tammy Wynette’s health records were sold[5] to tabloids. People were starting to worry about genetic privacy. And Congress recognized that the internet would make it easier for health care privacy breaches to occur.

Why the HIPAA Privacy Rule matters

The HIPAA Privacy Rule gives you the right to control your health information disclosures so you can tell your health care provider what to share. If you don’t want to share some of your health information with your family members, you can tell your health care provider to withhold that information from them.

However, HIPAA only protects health care information held by specific kinds of health care providers. For example, health care data on your Apple Watch or Fitbit is not usually covered by HIPAA. Genetic data you enter on websites like Ancestry.com is also not covered by HIPAA. Other laws or agreements like the privacy disclosures required on many apps[6] may protect that information, but HIPAA does not.

Sometimes people try to use HIPAA as an excuse for actions it doesn’t actually cover. For instance, some people who refused to comply with coronavirus-related mask rules in stores asserted that they couldn’t be asked to explain why because of HIPAA protections[7]. But that’s not how this privacy law works: It’s legal for someone to ask you about your vaccination status. And anyone can provide information about their own vaccination status (or any personal health information) without violating HIPAA.

Are there exceptions to the HIPAA Privacy Rule?

Certain exceptions[8] to HIPAA’s nondisclosure requirements allow covered health care providers to disclose patient information to help treat another person, protect public health and aid in certain law enforcement investigations.

During a pandemic, for instance, public health departments can provide information about how many people have tested positive for a disease, but they cannot mention specific names to the general public unless it’s necessary to alert particular people that they may have been exposed. This is because HIPAA and other privacy laws require them not to release any more information than is needed to keep people safe.

Portions of this article originally appeared in a previous article published on Oct. 15, 2020[9].

The Conversation U.S. publishes short, accessible explanations of newsworthy subjects by academics in their areas of expertise.

Read more https://theconversation.com/what-is-the-hipaa-privacy-rule-a-health-law-scholar-explains-164925

Active Wear

Times Magazine

Kindness Tops the List: New Survey Reveals Australia’s Defining Value

Commentary from Kath Koschel, founder of Kindness Factory.  In a time where headlines are dominat...

In 2024, the climate crisis worsened in all ways. But we can still limit warming with bold action

Climate change has been on the world’s radar for decades[1]. Predictions made by scientists at...

End-of-Life Planning: Why Talking About Death With Family Makes Funeral Planning Easier

I spend a lot of time talking about death. Not in a morbid, gloomy way—but in the same way we d...

YepAI Joins Victoria's AI Trade Mission to Singapore for Big Data & AI World Asia 2025

YepAI, a Melbourne-based leader in enterprise artificial intelligence solutions, announced today...

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an onli...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beau...

The Times Features

Pharmac wants to trim its controversial medicines waiting list – no list at all might be better

New Zealand’s drug-buying agency Pharmac is currently consulting[1] on a change to how it mana...

NRMA Partnership Unlocks Cinema and Hotel Discounts

My NRMA Rewards, one of Australia’s largest membership and benefits programs, has announced a ne...

Restaurants to visit in St Kilda and South Yarra

Here are six highly-recommended restaurants split between the seaside suburb of St Kilda and the...

The Year of Actually Doing It

There’s something about the week between Christmas and New Year’s that makes us all pause and re...

Jetstar to start flying Sunshine Coast to Singapore Via Bali With Prices Starting At $199

The Sunshine Coast is set to make history, with Jetstar today announcing the launch of direct fl...

Why Melbourne Families Are Choosing Custom Home Builders Over Volume Builders

Across Melbourne’s growing suburbs, families are re-evaluating how they build their dream homes...

Australian Startup Business Operators Should Make Connections with Asian Enterprises — That Is Where Their Future Lies

In the rapidly shifting global economy, Australian startups are increasingly finding that their ...

How early is too early’ for Hot Cross Buns to hit supermarket and bakery shelves

Every year, Australians find themselves in the middle of the nation’s most delicious dilemmas - ...

Ovarian cancer community rallied Parliament

The fight against ovarian cancer took centre stage at Parliament House in Canberra last week as th...