What about handwritten notes and phone calls? Under HIPAA, protected health information is considered individually identifiable information relating to an individual`s past, present, or future health status that is created, collected, or transmitted, or retained by a HIPAA-covered entity with respect to the provision of healthcare, payment for health services, or use in healthcare (PHI health services). Enforcement Objectives. A collected entity is required to disclose protected health information only in two situations: (a) to individuals (or their personal representatives), particularly when requesting access to or billing for their disclosure of their protected health information; and (b) HHS when conducting a compliance investigation, review, or enforcement action.17 See additional guidance on government access. 36. Office for Civil Rights, DHHS, HipAA Privacy Rule Summary, 2003, , accessed August 11, 2003. We are all committed to keeping patient information confidential “forever.” A privacy breach can result in legal penalties, even if you no longer work here. • If state and other laws on the issue of parental access to information remain silent after a minor has consented to care (or the parent has agreed to provide confidential care to the minor), how and by whom are decisions made regarding parents` requests for access to information or records? This question must be answered largely in the context of protocol development and systems review within health care providers and plans. This document provides guidance on key elements of the requirements of the Health Insurance Portability and Accountability Act (HIPAA), a federal law passed in 1996 that requires health care providers (including mental health care) to ensure the confidentiality of patient records and health information. HIPAA required the federal Department of Health and Human Services (HHS) to develop regulations to implement these privacy requirements, called privacy rules, which came into effect on April 14, 2003. State laws that provide for stricter health care privacy protection remain in effect under HIPAA, and so this document contains some relevant references to the requirements of the New York State Mental Health Privacy Act (Section 33.13 of the Mental Health Act). Retribution and renunciation.
As personal representatives, parents generally have access to their children`s protected medical information. However, in certain circumstances, parents may not be the personal representatives of their minor children. All school health centres require some form of parental consent before a minor pupil is taken into care. Often, parents do not have to sign a general declaration of consent before the start of the school year. Many of these forms specify the services offered at the centre, and many indicate that the services are confidential. In general, however, school health centres work hard to involve parents whenever possible and appropriate. Most of us believe that our medical and other health information is private and should be protected, and we want to know who holds that information. .