Rochester, N.Y. - HIPAA--The Health Insurance Portability and Accountability Act was passed in 1996.
It's a fancy name for laws designed to protect our personal health records.
Here's what else HIPAA is supposed to do:- improve portability and continuity of health insurance coverage in the group and individual markets
- combat waste, fraud, and abuse in health insurance and health care delivery
- reduce costs and the administrative burdens of health care by improving efficiency and effectiveness of the health care system by standardizing the interchange of electronic data.
- ensuring the privacy of Americans’ personal health records by protecting the security and confidentiality of health care information
But let's face it, the only time most of us ever hear about this law, is when we have to sign forms at the doctor's office or if you are a reporter whenever you are doing a story at a hospital or health-related agency and want specific patient information or to interview a patient.
Lately, I've heard HIPAA cited for many reasons when we have requested to cover certain stories or do interviews.
Most recently, it came up when we covered the mystery illnesses in Le Roy. The State Health Department told the media at a public meeting that they couldn't reveal the diagnosis for the 12 girls affected by this illness.
They cited HIPAA. So what happened? The girls parents told reporters the diagnosis they were given.
Then we tried to interview a neurologist at a local hospital to talk about the diagnosis of Conversion Disorder.
We were told by hospital public relations that they could not comment or provide anyone to comment on this illness because they may have treated one of the girls.
And allowing a doctor to speak (even generally about the illness) would violate HIPAA laws.
Though I was getting tired of hearing that excuse, what else could I do?
We found someone else to talk about the illness.
Then I am watching the Today Show and I see the two doctors who are treating these girls, talk on-camera on national television. They shared specific information about these girls, their illness, the symptoms and their prognosis.
Wait, I say to myself. "What about HIPAA?"
Who decides when the rules can change or bend?
Can doctors decide whether or not to talk specifically to the media or anyone else about a patient?
Do they need the patient's permission?
In this case, it was reported that the doctors were speaking "to clear up misconceptions" about the mystery illness.
So, then it is not a HIPAA violation?
But some doctors here in Rochester can't talk to the media because they would get in trouble. I don't get it.
Many people have expressed the same frustration to us, including parents of some of the girls with this tic-like illness.
Every time they hear someone say: "HIPAA" they get more frustrated, because to them, it is a way of not sharing certain information with the public about this illness.
Are hospitals and public health agencies hiding behind HIPAA laws?
Are they so afraid of a violation that they don't check to see what can and cannot be released in certain situations?
I don't know the answers and I am certainly not an expert on HIPAA laws.
But seems to me, they should apply to all situations and not just be used in certain cases.
If you can't talk about it or give the information out, fine. It should be that way across the board, no exceptions.
Otherwise, who is it really protecting?
