Posted by: Robert Markette
July 03, 2007
Topic: HIPAA - Privacy

There is an article in todays New York Times that proves providers are not the only ones who are exceedingly frustrated with HIPAA. To read the article click here Turns out, the patients and their families are just as frustrated. Patients and their families are discovering that providers are very hesitant to release information on patients, even to family members, for fear of violating HIPAA.

It is not clear whether this fear is due to lack of proper training or if HIPAA is being used as an excuse by employees to avoid doing things they simply dont want to do. Either way, family members who cannot get information on loved ones are becoming increasingly frustrated. The article lists a number of examples, I will only list my personal favorites.

A nursing home stopped having birthday parties for its residents. The nursing home was afraid that having a birthday party violated HIPAA, because it would disclose the residents birthdays. (Of course, if disclosing the patients birthday is problem, how do you justify calling them by name?)

In another example, a hospital ER refused to call the families of students they were treating for fear of violating HIPAA. The ER made the students friends call. This is an even more extreme example if the patients were students, they were very likely minors and disclosing to a parent is, in most cases, disclosing to a personal representative.

Calling the parent identified by the student at the number provided by the student is verification that you have called the correct party. Furthermore, it is an ER, if the patients were truly receiving emergency care and I was the parent, I would be furious that the hospital did not call me directly. This hospital dropped the ball, or an employee was shirking his responsibilities.

One more example in the article is about a family member who reviewed his relatives record in order to demonstrate to the provider they were about to administer a second round of sedatives that would endanger the patient. In this case, the provider threatened to have the gentlemen arrested for looking at his fathers chart. The individual knew better, because he happened to be a HIPAA consultant. But what about the many beneficiaries who are not HIPAA experts? They are having a tough time.

Not only are the beneficiaries having problems getting information, turns out the government is having difficulties as well. This same article includes some examples of government agencies that cannot get information they need. This includes law enforcement. In one state, public health officials are having trouble getting information from providers to establish child immunization registries.

I find this amusing, because there are specific exceptions to the HIPAA rule on non-disclosure relating to public health officials as well as law enforcement. But even with these specific disclosures, providers wont turn over information to the state.

Of course, some in Congress have heard these stories and are now considering solutions. One solution is to create a new department within CMS to provide additional guidance regarding HIPAA and its requirements. I just dont think adding more bureaucracy is the solution to the HIPAA problem. HIPAA needs to be simplified.

Providers and their employees need to be able to treat patients and communicate with family members without the fear of violating HIPAA. (Yes, I know they have not imposed a single fine, but providers are still not interested in even the perception of violating HIPAA.)Providers did an excellent job of protecting patient privacy and communicating appropriately with family for years before HIPAA went into effect. They continue to do so and would continue to do so without HIPAA. Perhaps it is time to recognize that HIPAA has created far more problems than it allegedly solved.

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