Physicians Sue to Block HIPAA Privacy Rule

A new law governing the privacy, security & electronic transmission of health care data is rippling through the health care industry, and will soon affect medical providers.

October, 2001

The Association of American Physicians and Surgeons (AAPS) filed a lawsuit this August over the privacy regulation in HIPAA. The lawsuit asked for the regulation to be overturned on the basis that it is unconstitutional.

Their argument is that the regulation allows government access to personal medical records without a warrant, impedes patient-physician communications, and intrudes into the states' maintenance of personal medical records.

The privacy rule became effective on April 14, 2001. Most health plans and providers have until 2003 to fully comply, while small plans have an extra year.

In a separate lawsuit filed earlier in 2001, the South Carolina Medical Association argues that the Department of Health and Human Services went beyond what Congree intended to be the scope of the privacy rule. They maintain that Congress originally wanted the rule to refer only to the electronic transfer of medical records, but the Department has interpreted it to apply to electronic, written, and oral communications.

For more information or to ask a question about HIPAA , visit the HIPAA website at http://www.hhs.gov/ocr/HIPAA/ or call 866-627-7748.)

References: Family Practice News, October 1, 2001, v.31, no 19.

Overview of HIPAA

A HIPAA Primer

Who?
Health insurers,
healthcare
clearinghouses,
health care providers,
 and their business
partners that handle
identifiable patient
information.

Electronic
Transactions
Standard data
content and formats
for electronic claims
and administrative
processes by
October 2002.

Privacy
Regulations were
completed in 2000,
but the Bush
administration has
said it will modify
some of them.

Organizations must
have policies on who
gets to see patient
information and
when it is allowed.
Covers paper,
electronic, and oral
communication of
patient records.

Gives patient's
control over who
may see their
information, as
well as correcting
mistakes and
learning where their
information has
been sent.

Security
Not yet finalized.
Current rules require
a security officer to
monitor privacy
practices, hear
patient complaints,
and monitor
corrections to records
made by patients.