What is the difference between patient confidentiality and HIPPA?

HIPAA is the abbreviation for the federal Health Insurance Portability and Accountability Act of 1996. The goal of the law set in place by HIPAA is to allow people to maintain health insurance, provide protection of health care information through confidentiality and security, and to help control administrative cost in the health industry (John J. Dreyzehner). There are many different title sections to HIPAA. These sections are Title I- Health Insurance Reform, Title II- HIPAA Administrative Simplification, Title III- HIPAA Tax Related Health Provisions, Title IV- Application and Enforcement of Group Health Plan Requirements, and Title V- Revenue Offsets (HIPPA Title Information, 2013).

National standards have been established by the HIPAA Privacy Rule, it protects patient medical records and health information (The Privacy Rule). These standards apply to health plans, health care clearinghouses, and providers that use electronic information systems to conduct health care transactions (The Privacy Rule). Appropriate safeguards are demanded by the Privacy Rule. These safeguards protect the privacy of health information that may be personal, and it sets limits and conditions on the use and disclosures of information without the consent of the patient (The Privacy Rule). Patients also have rights over their health information provided under the Privacy Rule. Patients have the right to examine, receive a copy of their records, and request corrections (The Privacy Rule).

Those who violate HIPAA regulations will be held accountable. Businesses will face civil and criminal penalties for violating the standards set by HIPAA. Individuals that violate HIPAA regulations can also be terminate from their job. In October of 2010, Cygnet Health of Prince George, MD was fined a civil money penalty of $4.3 million for not allowing patients to invoke their rights to a copy of their medical records in 2008 and 2009(Civil Money Penalty). Organizations that continue to violate the standards of HIPAA will continually be investigated and fined for their acts.

References

Civil Money Penalty. (n.d.)HHS.gov. Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cignetcmp.html
 
HIPPA Title Information. (2013).CA.gov. Retrieved from http://www.dhcs.ca.gov/formsandpubs/laws/hipaa/Pages/1.10HIPAATitleInformation.aspx
 
John J. Dreyzehner, M. M. (n.d.).Department of Health. HIPAA Health Insurance Portability and Accountability Act. Retrieved from https://health.state.tn.us/hipaa/
 
The Privacy Rule. (n.d.) HHS.gov. Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/

I also want to add what confidentiality means relative to this topic, sorry I forgot

Confidentiality in health care refers to the obligation of professionals who have access to patient records or communication to hold that information in confidence.  Rooted in confidentiality of the patient-provider relationship that can be traced back to the fourth century BC and the Oath of Hippocrates, this concept is foundational to medical professionals’ guidelines for confidentiality (McWay, 2010, p. 174).  This professional obligation to keep health information confidential is supported in professional association codes of ethics, as can be seen in principle I of the American Health Information Management Association Code of Ethics, “Advocate, uphold, and defend the individual’s right to privacy and the doctrine of confidentiality in the use and disclosure of information” (AHIMA, 2011).

Confidentiality is recognized by law as privileged communication between two parties in a professional relationship, such as with a patient and a physician, a nurse or other clinical professional (Brodnik, Rinehart-Thompson, Reynolds, 2012).  As patients, we’ve come to expect confidential communication in these relationships. While application in legal proceedings is subject to evidentiary rules and consideration of the public need for information, support of privileged communication can be seen in case law.  An example is the landmark Jaffee v. Redmond decision where the U.S. Supreme Court upheld a therapist’s refusal to disclose sensitive client information during trial (Beyer, 2000). In writing the majority opinion, Justice Stevens said:

Effective psychotherapy… depends upon an atmosphere of confidence and trust in which the patient is willing to make a frank and complete disclosure…The psychotherapist privilege serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem (Jaffee v. Redmond, 1996, p. 9).

When considering sensitive health information requiring special layers of confidentiality, such as with mental health treatment, state statutes provide guidance for health information management professionals.  In Illinois, for example, the Mental Health and Developmental Disabilities Confidentiality Act offers detailed requirements for access, use and disclosure of confidential patient information including for legal proceedings (MHDDCA, 1997).