Your Health Information Is Protected By Federal Law
Most of us believe that our medical and other health information is private and should be protected, and we want to know who has this information. The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information.
Who Must Follow This Law
We call the entities that must follow the Privacy Rule covered entities.
Covered entities include:
Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.
Who Is Not Required to Follow This Law
Many organizations that have health information about you do not have to follow this law.
Examples of organizations that do not have to follow the Privacy Rule include:
workers compensation carriers,
many schools and school districts,
many state agencies like child protective service agencies,
many law enforcement agencies,
many municipal offices.
What Information Is Protected
Information your doctors, nurses, and other health care providers put in your medical record
Conversations your doctor has about your care or treatment with nurses and others
Information about you in your health insurer's computer system
Billing information about you at your clinic
Most other health information about you held by those who must follow this law
How Is This Information Protected
Covered entities must put in place safeguards to protect your health information.
Covered entities must reasonably limit uses and disclosures to the minimum necessary to accomplish their intended purpose.
Covered entities must have contracts in place with their contractors and others ensuring that they use and disclose your health information properly and safeguard it appropriately.
Covered entities must have contracts in place to limit who can view and access your health information as well as implement training programs for employees about how to protect your health information.
Who Can Look at and Receive Your Health Information
The law sets rules and limits on who can look at and receive your health information. To make sure that your health information is protected in a way that does not interfere with your health care, your information can be used and shared:
For your treatment and care coordination
To pay doctors and hospitals for your health care and to help run their businesses
With your family, relatives, friends, or others you identify who are involved with your health care or your health care bills, unless you object
To make sure doctors give good care and nursing homes are clean and safe
To protect the public's health, such as by reporting when the flu is in your area
To make required reports to the police, such as reporting gunshot wounds
Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot:
Give your information to your employer
Use or share your information for marketing or advertising purposes
Share private notes about your health care
US Department of Health & Human Services