Skip to content
HearingTracker
Log in

Understanding HIPAA and the illusion of health information privacy in the USA

5 replies96 viewsLast reply

Link to this topic
Reply

For those of you living in the USA, the following video provides useful information about HIPAA and what it does, and doesn't do. It provides an illusion of health privacy, not actual health privacy. Following the introduction of HIPAA many states overturned their existing, more strict privacy laws.

Naomi Brockwell TV7You Have No Medical Privacy

The following video explains how therapy records are being traded.

Business Reform2They’re Selling Therapy Data… Here’s Proof

Illusion of some sort of right can apply to many aspects of American life. One limitation of HIPAA is there is no private right of action (patients are not able to sue). If there were a right of action that would be erroded through the illusions of the legal system.

HIPAA compliants often result in no meaningful solution with HHS providing technical assistance and not enforcement. Sometimes FTC gets involved but even then these are relatively tiny fines.

Are there good examples of better approachs taken by other countries ?

About 2 years ago the organization that runs the hospital and doctors I go to for my routine checkups sent a notice saying that someone had broken into their system (Northwell) and had taken (downloaded) all their records. I eventually found out that by all their records they meant just that, ALL. All the records of very patient, the doctors, staff, literally, the organization itself, everything they had on their computers.

Hipaa is just a legal form of this piracy and privacy invasion. However, I have found that it has been helpful to me when I go to someone new and they can say, Oh, here you are, I have all that I need. Then I do not have to fill out pages of forms telling them my medical history.

So for me its a trade off. On the one hand I realize it can be invasive if not controlled properly but on the other hand it is immediately helpful for me and the Doctor to have it all right there.

One thing I noticed early on with HIPAA that surprised/disturbed me was they somehow had records of me from the early 1980's. The 80's were pre computer so how did they get that info? I suspected that it was from Uncle Sam having my medical records from working for them and somehow they merged all my records.

BUT, and here is the thing that has upset me the most. When I was turning 65 I went to Social Security to apply. The woman I was talking to had to leave her office for a few minutes and since I was seated next to her I could see what she had on the computer screen. One of the screens had all my medical records, HIPAA. Why did she have access to that? Why did she need to see it? I didn't ask as I just wanted to get it over with but it has always bugged me. But she had access to all my Federal employment, ETC, records.

Naomi Brockwell TVShe Said "Don’t Write That Down." The Doctor Did Anyway.

This is follow-up to the first video.

In reply to @ronshere

@ronshere said:

Hipaa is just a legal form of this piracy and privacy invasion. However, I have found that it has been helpful to me when I go to someone new and they can say, Oh, here you are, I have all that I need.

That's just it... there exists a real need for a framework of rules to regulate and permit the legitimate transfer of information between providers (and to insurers where applicable). Breaches need to be punished, but if punishment is too harsh then the incentives to cover up failures (and avoid improving the system by sharing knowledge about best practices to avoid repeating errors) will be strong. Alas, here as in many domains, an appropriate balance was not struck due to the disproportionate power of the interests involved.

Active discussions

What the forum has been talking about this week.