Impact of the HIPAA Privacy Rule and Implications for Future Generations - Term Paper Example

Writing on the official website of the U.S. Department of Health and Human Services, Thacker (2003) reports that the HIPAA Privacy Rule is “pursuant to the Health Insurance Portability and Accountability Act of 1996.” Since its inception in 2003, there has been extensive This research paper seeks to complement existing researches by examining the impact of the Rule today and the implications it has for future generations – thus how it can be well preserved for generations unborn. The paper finds that, though generally accepted as a good system, there still needs to be more study and research conducted into the policy to ensure that it serves the interest of the patient to the later.

It is clear that the HIPAA Privacy Rule was passed with a every good intention for the privacy of information of the patient. However, it should take constant education of the masses to help them appreciate the Act as their Right and begin to fight for it. Again, research work for possible amendments on the Act should not cease. Debates on the Act should continue; just as the case studies on it. . The Health and Human Services Department (2011) summarizes that it provides “standards [that] address the use and disclosure of individuals’ health information — called “protected health information” by organizations subject to the Privacy Rule — called “covered entities,” as well as standards for individuals' privacy rights to understand and control how their health information is used”.

Enforcement is provided by the Office of Civil Rights, or OCR. Health plans, HMOs and insurance companies, health care providers, health care clearinghouses, and researchers are all covered by the bill's elements (HHS, 2011). Protected information includes “all individually identifiable health information” (HHS, 2011, their emphasis). This is an expansive provision. It covers “past, present and future” health information, all provisions of health care to the individual, and payments thereof.

But some information is “de-identified” as being outside of the purview of HIPAA. Information can become certifiable as “de-identified” for purposes such as research or other public release either by a statistician approving it or by the removal of identifiers of the individual and all relatives and household members. The basic principle regarding disclosures is that, aside from provisions in the Act, no disclosure may be given without the written consent of the patient. Legally required disclosures can only be elicited by the person or their representatives and HHS.

Patients must be presented a copy of HIPAA rights and a disclosure of the provider's health care practices (HHS, 2011). State law is eclipsed when it is contrary, or where the two are clearly mutually exclusive, but it does not eclipse more