WPF Report — Paying out of Pocket to Protect Health Privacy: A New but Complicated HIPAA Option; A Report on the HIPAA Right to Restrict Disclosure

San Diego & Washington, D.C. — The World Privacy Forum published a new report today that helps patients understand and use the new HIPAA right to restrict disclosure of their medical information to health plans when treatment is paid for out of pocket in full. The report contains practical advice and tips for patients about how to navigate the new right, which went into effect last year. Paying Out of Pocket to Protect Health Privacy: A New But complicated HIPAA Option; A Report on the HIPAA Right to Restrict Disclosure is one of the first reports on this topic written for patients.

“The new HIPAA right that lets patients restrict disclosures of their health information is actually not well known yet, and that needs to change,” said Pam Dixon, Executive Director of the World Privacy Forum. “This report has specific, concrete tips and information that will help patients use this important new right.” The report, written by Bob Gellman and Pam Dixon is available free of charge at www.worldprivacyforum.org.

Key points:

  • A patient has the right to prevent a health care provider from reporting information to a health insurer if the patient pays in full.
  • In order to prevent disclosure of information to a health plan, patients must make a Request to Restrict Disclosure.
  • Under the new changes to HIPAA, a patient has the firm right to demand, not just request, that a provider not disclose PHI to a health plan when certain conditions are met.
  • The conditions to be met can be complex, and work best with some advance planning.

Additional tips are in the report.

The bipartisan Coalition for Patient Privacy worked to get this key consumer protection into HITECH.

Bob Gellman and Pam Dixon are available to discuss tips and advice for patients on how to use the new HIPAA right.

Links:

The report Paying Out of Pocket to Protect Health Privacy: A New But complicated HIPAA Option; A Report on the HIPAA Right to Restrict Disclosure is available in PDF or in text.

Permalink: http://www.worldprivacyforum.org/2014/01/wpf-report-paying-out-of-pocket-to-protect-health-privacy/

Contact:

Bob Gellman 202-543-7023

Pam Dixon 760-712-4281

info@worldprivacyforum.org

Prince William’s DNA

As more individuals start posting their genomes or other genetic information online, privacy issues grow. A recent article from GenomeWeb about Prince William’s DNA highlights one of PPR’s concerns about publicly sharing such information: one person’s choice to research and reveal information about themselves reveals information about so many others who had no say in that decision.

To be clear, PPR is not opposed to genetic testing and actually believes there are many new and exciting possibilities that exist within the realm of genetic analysis. However, there are several issues that need to be addressed before people start encouraging others to publicly share their own genetic information. This excerpt from the article sums up the dilemma quite nicely:

“What is noteworthy is the ethics of publishing details of this genetic analysis at all,” Brice says, noting that “one of the major ethical concerns about genetic information and privacy” is that individual information can lead to the disclosures about family members.

The Duke’s cousins are free to have genetic tests if they want, but disclosing information about other, non-consenting individuals, is “highly questionable,” Brice says.

To read the full article, click here. (Note: Free subscription may be required).