Intro: Some laws regulate medical information privacy. As much as these statutes provide some protection, they, however, operate more on serving the necessity of medical information through the health care system than individual privacy protection (Gkoulalas-Divanis and Loukides, 2015).
Thesis: Many health institutions in America believe that Health Insurance Portability and Accountability Act (HIPAA) is the best federal law that controls medical privacy protection because it offers a set of national standards, individual rights, and also provides exceptions for disclosure.
Medical laws on information privacy
Health Insurance Portability and Accountability Act (HIPAA).
Primary functions of the HIPAA
Creating a structure for disclosure of personal information and establishing individual rights with regard to their health details.
Setting standards for transmitting and maintaining electronic information on patients’ health.
HIPPA necessitates a respective data structure and format for the electronic interchange of health information (Gkoulalas-Divanis et al., 2015).
Limitations of the HIPAA
HIPAA just controls the health sector, and hence only applies to the entities the law considers covered (Gkoulalas-Divanis et al., 2015).
Covered categories under the law (Gkoulalas-Divanis eta l., 2015)
House health care provider.
Health Plan (HMO).
Exceptions for medical information exposure without an individual’s accord
The need for written agreement to disclose substance abuse and mental health treatment information is relevant only at federally funded health facilities and not at private facilities (Gkoulalas-Divanis et al., 2015).
Disclosure of personal information is allowed for essential public health reporting purposes like elder abuse, domestic violence, and disease monitoring in children.
Disclosure can also occur in administrative and judicial proceedings upon a request by a court order or subpoena, or crime reporting, or as part of an investigation process. (Gkoulalas-Divanis et al., 2015).
Gkoulalas-Divanis et al., (2015) observed that permissions on disclosure are allowed for specialized government functions like intelligence operations and national security.
HIPPA covers healthcare houses, care providers, and health plans.
Gkoulalas-Divanis,A., & Loukides, G. (2015). Medicaldata privacy handbook.New York, NY: Springer.