Health Care Privacy
Protecting the Privacy of
Your Health Care Information
Under the new federal privacy law, the Health Insurance Portability and Accountability Act
(HIPAA), as well as under existing Illinois laws, you have certain rights regarding the privacy of
your confidential health information. Every time you are admitted to a hospital, visit a doctor’s
office, fill a prescription at the pharmacy, or send a health care claim to your insurance company,
a record is made. Providers of health care services, including hospitals, physicians and dentists,
as well as insurance plans that pay for services on your behalf, including Medicare and Medicaid,
have a strict obligation to maintain the confidentiality of your health information.
Your Rights Under Federal and Illinois Law
There are certain standards that all health care providers and plans must follow. In general,
the law gives you the following rights:
- To receive adequate notice of the health care provider’s or plan’s privacy practices and to
be informed about how your confidential health information will be used or disclosed.
- To know to whom your confidential health information is disclosed, and for what purposes it
is used.
- To request reasonable restrictions on how your confidential health information is used or
disclosed, but your health care provider or plan is not required to agree to those restrictions or to
render treatment to you if you disagree with its privacy practices.
- To have access to, inspect and obtain a copy of any of your confidential health information
that is maintained by your health care provider or plan.
- To request that your health care provider or plan correct any confidential health information
which you believe is erroneous, and to place an objection in the record if your request to correct
is not honored.
- To file a formal complaint with the federal government for any violations of the law.
PERMITTED USES AND DISCLOSURES
Health care providers and plans may use or disclose your confidential health information
under limited circumstances:
- Your health care providers or plans have the right to use and disclose your confidential
medical information for treatment, payment and health care operations, such as quality
assessment and improvement activities.
- Your health care providers and plans must not use or disclose your confidential health
information for purposes other than treatment, payment or health care operations without your
specific written authorization.
- Your health care providers may be required by law to disclose certain information to public
health authorities that you might consider to be confidential when you have a communicable
disease, such as AIDS or tuberculosis.
- Your health care provider or plan must make a reasonable effort to limit the use and
disclosure of your confidential health information to the minimum amount necessary; for
example, it may not be appropriate for the receptionist at your doctor’s office to have unlimited
access to your entire medical record.
Your privacy rights are very important. Federal and state laws try to balance your right to
privacy with the need for ready access to the health information necessary for you to receive
quality health care. Your health care providers or plans must give you a copy of their notice of
privacy practices in advance and make a good faith effort to obtain a written acknowledgement of
your receipt.
You should ask to speak with your Doctor, hospital or health care plan if you have any
questions relating to the privacy of your medical information.
© 2007, Illinois State Bar Association. If you have questions about
the application of the law in a particular case, consult your
lawyer. The law is constantly changing. Information on
www.ISBALawyer.com (or any site to which we link) does not
constitute legal advice.
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