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This article was first published by Michigan Advocates Exchange in response to a question at a legal training. What in the world is a Privacy Notice? Question: Over the last few months, every time I go to a new doctor the staff gives me a Privacy Notice, and makes me sign something saying that I received it. At first I didn't pay any attention, but now I wonder if this is important. Response: HIPAA, the Health Insurance Portability and Accountability Act, is a new federal law that controls how "protected health information" (PHI) is used. HIPAA requires that each patient be given a copy of a Privacy Notice that explains how the health care provider is going to use their PHI. The Privacy Notice is, in large part, the health care provider's first defense if you ever claim that they improperly disclosed your health information. Clue: Any time somebody wants you to sign something to confirm that you received a piece of paper, that is probably an important piece of paper. In this case, it is your notice of how your health information is going to be used without your permission. Since HIPAA took effect on April 14, 2003, each of your health care providers (HCP) including dentists should have provided you with a Privacy Notice. If you read it, you would discover the ways that the HCP will "use" your protected health information WITHOUT asking your permission. Using your health information for "operations, payment and treatment" without your permission is okay, according to HIPAA. This means that the HCP can submit claims to your insurance, or review your records for quality assurance, or rely on your data in an internal health care training or disciplinary function. These things are fine under HIPAA. PROBLEM: I have not yet seen a HIPAA Privacy Notice, however, that recognizes that the Michigan HIV confidentiality law is more strict than HIPAA is, and I think that is a problem. If your HCP treats all of your health information the same, it is quite possible that information about HIV, AIDS or even your mental health could be released in violation of Michigan state law. SOLUTION: Here's a surprise: I have one. See the link at left (in the "HIV Advocacy Issues" section) for the Patient's Privacy Notice to Physicians. This is a letter for you to sign, date and give to your health care providers that puts them on notice that you are paying attention, and that they may not release information about you that refers to HIV, AIDS or your mental health. In fact, they may not even release the letter. SUGGESTION: Every single person in Michigan should print this out, sign as many copies as they have health care providers, and give it to them. The HIV confidentiality law applies to everyone, regardless of HIV status, and if every person were to make sure that this letter were on file with their doctors, HIV-positive or not, then it might help reduce a little stigma. If you have any questions about this letter, about HIPAA, or about whether you really need to be concerned about your own privacy, call us. If you'd like more information, or have more questions, please let me know. And thanks for asking. Kendra S. Kleber, JD Explaining
HIV/AIDS-related legal rights and responsibilities in support of the
self-sufficiency, independence and quality of life of people living with
HIV/AIDS.
NOTE: The information on this site and in this message is not legal advice, and does not create or imply an attorney-client relationship or an offer to form such a relationship. It is just an opinion. Follow it, ignore it - your choice. But it is not legal advice upon which you can or should rely without consulting an attorney to advise you on your particular situation based on your particular facts and circumstances. |
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