HIPAA, the Health Insurance Portability and Accountability Act, has done much to improve the privacy of patients, but it's come at a great cost as doctors, nurses and hospitals, afraid of penalties and lawsuits, often won't tell family a patient's status or prognosis.
When an adult child can't get information about the condition of an aged parent thousands of miles away or when a mother can't get information about her 20 year old son because he hadn't signed a privacy waiver, the concern over a patient's privacy has gone too far.
Keeping Patients' Details Private, Even from Kin
Experts say many providers do not understand the law, have not trained their staff members to apply it judiciously, or are fearful of the threat of fines and jail terms — although no penalty has been levied in four years.
Some reports blame the language of the law itself, which says health care providers may share information with others unless the patient objects, but does not require them to do so. Thus, disclosures are voluntary and health care providers are left with broad discretion.
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Medical professionals can talk freely to family and friends, unless the patient objects. No signed authorization is necessary and the person receiving the information need not have the legal standing of, say, a health care proxy or power of attorney. As for public health authorities or those investigating crimes like child abuse, Hipaa defers to state laws, which often, though not always, require such disclosure. Medical workers may not reveal confidential information about a patient or case to reporters, but they can discuss general health issues.