Some HIPAA Questions Answered for Elder Care

The U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy of individually identifiable health information, sets security standards for that information when maintained on computers, and protect individually identifiable health information being used to improve patient safety.  HIPAA is administered by the U.S. Department of Health and Human Services and it's enforced by that Department's Office of Civil Rights.

Unfortunately, HIPAA may also be used as a pretext by medical and nursing home staff to avoid disclosing health information to the friends and relatives of the elderly.  Before that happens to you, take a look at the Department of Health and Human Services website to better understand your rights and the rights of your elderly friends and relatives.   Here are some of the highlights of the website's frequently-asked-questions section.

• Does the HIPAA Privacy Rule allow hospitals and other health care facilities inform visitors or callers about a patient's location in a facility and general condition?  Yes! Hospitals and health care providers can use a facility directory to inform callers and visitors certain information about the patient – name, location in the facility,  and health condition expressed in general terms that does not communicate specific medical information about the individual.  Health care facilities may also include religious preference information in the directory for disclosure to members of the clergy.  The patient must be informed of the information to be included in the directory and may elect to restrict disclosure, orally or in writing.  If the patient is in emergency treatment or is incapacitated, the health care provider may still disclose this information if it's deemed to be in the best interest of the patient.  In these cases, when practicable the patient should be informed of his or her right to restrict the disclosure of directory information.
• If a patient’s family member, friend, or other person involved in the patient’s care or payment for care calls a health care provider to ask about the patient’s condition, does HIPAA require the health care provider to obtain proof of who the person is before speaking with them?  No.  If the caller states that he or she is a family member or friend of the patient, or is involved in the patient’s care or payment for care, then HIPAA doesn’t require proof of identity.  However, a health care provider may establish his or her own rules for verifying who is on the phone.  In addition, when someone other than a friend or family member is involved, the health care provider must be reasonably sure that the patient asked the person to be involved in his or her care or payment for care.  The right to decide about restricting information disclosure ultimately rests with the patient.
• Can I have another person pick up my prescription drugs, medical supplies, or X-rays?  Yes. HIPAA allows health care providers (such as pharmacists) to give prescription drugs, medical supplies, X-rays, and other health care items to a family member, friend, or other person you send to pick them up.  The health care provider may have its own rules, but HIPAA would not prevent a friend or family member from picking up a prescription.

HIPAA is a complex program and some health care staff members might not understand it and might invoke it as a reason for refusing to disclose information about an elderly patient.  If this happens, you might refer the staff member to this information on Health and Human Services website.  Lots of great information here!