PRIVACY OF PERSONAL HEALTH INFORMATION

Your Health Information Is Protected By Federal Law:

Most of us believe that our medical and other health information is private and should be protected, and we want to know who has this information. The Privacy Rule, a federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information.

Who Must Follow This Law:

We call the entities that must follow the Privacy Rule "covered entities."

 

Covered entities include:

  • Health Plans — Health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid

  • Most Health Care Providers — Those that conduct certain business electronically, such as electronically billing your health insurance, including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies and dentists

  • Health Care Clearinghouses — Entities who process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.

Who Is Not Required to Follow This Law:

Many organizations that have health information about you do not have to follow this law. 

Examples of organizations that do not have to follow the Privacy Rule include:

  • life insurers

  • employers

  • workers compensation carriers

  • many schools and school districts

  • many state agencies (like child protective service agencies)

  • many law enforcement agencies

  • many municipal offices

What Information Is Protected:

  • Covered entities must put in place safeguards to protect your health information

  • Covered entities must reasonably limit uses and disclosures to the minimum necessary to accomplish their intended purpose

  • Covered entities must have contracts in place with their contractors and others ensuring that they use and disclose your health information properly and safeguard it appropriately

  • Covered entities must have procedures in place to limit who can view and access your health information as well as implement training programs for employees about how to protect your health information

What Rights This Law Gives Me Over My Health Information:

Health Insurers and Providers who are covered entities must comply with your right to:

  • Ask to see and get a copy of your health records

  • Have corrections added to your health information

  • Receive a notice that tells you how your health information may be used and shared

  • Decide if you want to give your permission before your health information can be used or shared for certain purposes, such as for marketing

  • Get a report on when and why your health information was shared for certain purposes

If you believe your rights are being denied or your health information isn’t being protected, you can:

  • File a complaint with your provider or health insurer

  • File a complaint with the U.S. Government

You should get to know these important rights, which help you protect your health information. You can ask your provider or health insurer questions about your rights.

Learn more about your health information privacy rights.

Who Can Look at and Receive Your Health Information:

The law sets rules and limits on who can look at and receive your health information. To make sure that your health information is protected in a way that does not interfere with your health care, your information can be used and shared:

  • For your treatment and care coordination

  • To pay doctors and hospitals for your health care and to help run their businesses

  • With your family, relatives, friends, or others you identify who are involved with your health care or your health care bills, unless you object

  • To make sure doctors give good care and nursing homes are clean and safe

  • To protect the public's health, such as by reporting when the flu is in your area

  • To make required reports to the police, such as reporting gunshot wounds

Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot:

  • Give your information to your employer

  • Use or share your information for marketing or advertising purposes

  • Share private notes about your health care

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