A few days ago, I mentioned that HIPAA “sucks.”  I got some feedback questions as to “what did I mean” by that.  As suggested, I put together information about HIPAA for a quick look.

As an insurance agent and Registered Representative, the Self-Regulating Organizations (SRO) for those industries have declared that we, as agents, are also under the HIPAA rulings. This means that any Personally Identifiable Information (PII) must be protected in the same manner as Providers, Health Insurance and third-party services are “encouraged” to do.

To be brief, Name, Address, Birthday, Social Security number, Driver license number, and any other information that would indicate who a person is, must be protected. This is defined by using equipment and services such as; VPN, Encrypted computers, rotating passwords and bought and paid for programs to keep information locked up. A few years ago, (about 3), we were “encouraged” to become paperless.  So, our scanners, printers and even phone lines must now be closed to outside use.  The fact that someone’s information must be kept private is not the problem.  What is the problem is the financial cost that comes with those regulations.  All the various levels of regulation oversight must be satisfied with their definition of this law.

This is the same issue experienced for Hospitals, Doctors, Insurance Carriers, and their third-party services. And of course, all the different “definitions” of this one law.

My reference to is the challenge based on a “definition” of law has interfered with my mother-in-law’s ability to heal from a quite simple procedure; gall bladder removal. Her health information has not once followed her to each of the three hospitals she has used in the last 100+ days. Up to and including the Medical Directives and Medical Power of Attorney my husband holds. In fact, he carries “extra” POA forms due to the inability of this system to follow her with paperwork, information and even treatment like food for her.  She is being fed by a “G-Tube,” through a hole made in her stomach.

As you will see below, the idea for HIPAA is sound, and with good intentions. However, the “translation” of protection in the law has failed many people, including my mother in 2019 and my mother-in-law in 2023.

What is HIPAA?

HIPAA stands for Health Insurance Portability and Accountability Act. It is a US federal law that sets standards for protecting sensitive patient health information and provides guidelines for healthcare providers, insurance companies, and other entities that handle this information.

Reforming the Health Insurance Market

The HIPAA Act was created with the original intention of reforming the health insurance market. According to a report by the Senate Labor and Human Resources Committee, the health insurance market at the time provided too little protection for individuals and families with pre-existing health problems.

Why is HIPAA important?

HIPAA, or the Health Insurance Portability and Accountability Act, is important because it helps protect sensitive patient health information from being disclosed without their consent. This ensures that patients have control over their own medical information and can trust that their privacy is being respected by healthcare providers. Additionally, HIPAA helps prevent fraud and abuse in the healthcare system.

 Pros and Cons about HIPAA

Pros:

1. Protects patient privacy by limiting access to their medical information.
2. Encourages healthcare providers to implement security measures to protect sensitive information.
3. Allows patients to control who can access their medical information.
4. Establishes penalties for healthcare providers who fail to comply with privacy regulations.
5. Provides patients with the right to access their own medical records.

Cons:

• It can be time-consuming and costly for healthcare providers to implement and maintain compliance.
• Some healthcare providers may avoid treating certain patients out of fear of violating HIPAA regulations.
• Patients may be reluctant to share essential information with healthcare providers if they are concerned about privacy.
• HIPAA regulations can limit communication between healthcare providers, potentially impacting patient care.
• There may be confusion among patients and healthcare providers regarding the specifics of HIPAA regulations.

I do think it is obvious that my frustration level is now at its peak.  I see great intention, but the reality is, this law does nothing to ease the challenges facing the consumer.  The protections are not for the consumer beyond, “don’t give out the information to just anyone”.  This protection has not helped in the challenges of coordinated care, there have been so many breeches in the last ten years, who cares?  The information is out once, it is out forever.  How does this help someone live through a stroke, heart attack, emergency?  Moving from one place to another should not be so potentially deadly.  Nor should it be a true burden on the family of the patient.

Again, I do believe that this Act has become a “de act” and full of red tape and bureaucracy that needs to be dealt a full sweep out the door.

Thank you, Sash Walker.  You have inspired my brain to tell my fingers what to write.