Download Protecting Your Health Privacy: A Citizen's Guide to by Jacqueline Klosek PDF

By Jacqueline Klosek

It's a brand new period in healthcare. long gone are the day whilst entry for your scientific documents is restricted to you and your health professional. as a substitute, this day, a various team of constituencies have curiosity in and entry on your overall healthiness info. A cascade of adjustments in expertise and the supply of healthcare are expanding the vulnerability of your scientific details. for this reason, it's now extra very important than ever to take keep an eye on over your personal health and wellbeing details and take steps to guard your info opposed to privateness breaches which may adversely influence the standard of your overall healthiness care, your insurability, your employability, your relationships, and your popularity.

In transparent, non-technical language, privateness attorney Jacqueline Klosek teaches readers the fundamentals you must comprehend as someone healthcare customer concerning the ongoing wave of nationwide and nation laws affecting sufferer privateness: the sufferer safeguard and cheap Care Act (PPACA) of 2010, the future health details know-how for financial and medical overall healthiness Act (HITECH) of 2009, and the medical health insurance Portability and responsibility Act (HIPAA) of 1996. She untangles the more and more complicated methods in which wellbeing and fitness care services, insurers, employers, social networking websites, and agents frequently gather, use, and percentage our own future health details. Protecting Your future health privateness: A Citizen's consultant to Safeguarding the safety of Your scientific Information empowers traditional electorate with the data and information we have to shield ourselves and our households from prying eyes, scientific id robbery, ruinous revelations of socially stigmatizing illnesses, and unlawful punitive practices through insurers and employers.

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Extra info for Protecting Your Health Privacy: A Citizen's Guide to Safeguarding the Security of Your Medical Information

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While the recently enacted HITECH Act (which will be discussed further below) requires business associates to also comply with most of the Security Rule, there are others—like personal health record vendors (discussed in Chapter 4)—that may have access to private information but fall outside the reach of the Security Rule. In addition, as noted above, the HIPAA Security Rule protects only electronic medical records; it does not require covered entities to implement any security protections for health information stored in paper records.

Subject to limited exceptions, FERPA prohibits covered educational agencies and institutions from disclosing student education records, or personally identifiable information from those records, without a parent or eligible student’s written consent. ” An eligible student’s treatment records may be disclosed for purposes other than the student’s treatment, provided the records are disclosed under one of the exceptions to written consent—or with the student’s written consent. If a school discloses an eligible student’s treatment records for purposes other than treatment, the records are no longer excluded from the definition of “education records” and are subject to all other FERPA requirements.

In addition, any organization that transmits PHI to a covered entity or its business associate and requires routine access to such PHI will be required to enter into the appropriate business associate agreement with the covered entity and will be considered a business associate. The same holds true for vendors that contract with a covered entity to offer personal health records to individuals as part of the covered entity’s electronic health records offering. New Data Breach-Notification Requirements Prior to the HITECH Act, while the majority of states had breach notification laws for data that can be used to commit financial identity theft, few extended the same requirements to health information.

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