Thomas Clark wrote: > Hi All, > > The following link is to a FindLaw reference regarding what HIPAA means > to Patients: > > http://articles.corporate.findlaw.com/articles/file/00081/002452/title/Subje ct/topic/Health%20Law_HIPAA/filename/healthlaw_1_335 >
<soap box> This article contains an egregious error. Under the section headed "Patient Rights Obligations" the author states that "HHS had initially proposed allowing routine disclosures without advance patient consent for treatment, payment and administrative operations, but the final rule requires informed patient consent for even these routine disclosures." This is not true. The final Privacy Rule *PERMITS* covered entities (providers, payers, clearinghouses) to obtain consent for use and disclosure of protected information in treatment, payment, and operations (there is some restriction in psychotherapy notes). It does NOT require consent for these uses. At best the author did not read the Preamble where this modification was clearly articulated to provide an option for those providers who were fearful of missteps and preferred to err on the side of caution. Unforunately I find it hard to give the author the benefit of the doubt and have written to the editors of FindLaw.com complaining about this article. HIPAA, like Y2K, has been the focus of far too many bottom feeding lawyers creating self-serving FUD among the US healthcare community. The US healthcare system has a bad enough rep without "help" like this. </soap box> Best regards, Bill - If you have any questions about using this list, please send a message to d.lloyd at openehr.org
