There is more to the Health Insurance Portability and Accountability Act than just the purpose of the health record. The purpose of HIPAA was to create guidelines for how health information should be protected, while still allowing health care providers to use patient information for their own health care related purposes. There are many different parts of the AHPA that address this concern, including the “notice of privacy rights” that must be included with each patient HIPAA document. The purpose of the health record is to serve a purpose that is as yet undefined, but one that has been pushed on behalf of medical professionals for years.
The problem is that HIPAA pushes the responsibility for the health record to the shoulders of the patients themselves. In short, the patient doesn’t know what their health care records are for, nor does she or he have any ability to change them. If the patient wants to make changes, he or she must file a HIPAA application and comply with certain requirements. Those are standard procedures that can vary by state, but generally include a time period in which the individual can recertify their privacy rights and update the records each year.
The problem is that many of these patients don’t even realize that their privacy rights have been invaded. That’s because their health care information is stored in standard medical databases, not HIPAA compliant electronic databases. These databases store all types of information about a patient, including their name, address, insurance identification, date of birth, hospital or medical records, and so forth. At some point, these electronic records will need to be upgraded to be HIPAA compliant, but that may take six months or more.
As a result, many patients don’t realize that the purpose of the health record is to serve a purpose that hasn’t been clearly defined by the medical community. When it comes to the purpose of the health record, the focus has shifted from the patient being in control of his or her own health record to the doctor. The result has been less accurate and complete health records. In addition, the standards set forth by HIPAA have been repeatedly undermined by state governments that have passed over the independent role of the U.S. Department of Health and Human Services.
What’s next? The Federal Trade Commission is looking into the matter. According to an article at the Los Angeles Times, FTC investigators are probing whether doctors are using confidential patient information against that patient’s wishes. The probe comes at a time when the medical industry is being sued for invasion of privacy, especially as many patients are uncomfortable about sharing personal medical records with anyone other than their doctors. For now, patients can guard against this type of abuse by making sure that their personal health records are secure.
There are two main purposes of the health record that need to be addressed: protecting the privacy of the patient and making sure that the medical system can hold accurate records. With respect to the first point, it is hard to see how having a health record designed to protect privacy can have any other purpose. But while it may be the intention of the HIPAA drafters, it seems that the ultimate purpose of the health record is its ability to facilitate adequate data collection. Without that, no record can serve its purpose.
