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Prohibited Activity Under HIPAA
Many employer sponsored health plans are "covered entities" under the privacy rules of the Health Insurance Portability and Accountability Act. The following is a brief description of conduct prohibited by HIPAA for all covered entities. Use or disclosure inconsistent with HIPAA: Covered entities may not use or disclose protected health information except as required or permitted by HIPAA. Condition benefits on an authorization: Covered entities generally may not condition treatment, payment, enrollment or eligibility on the giving of an authorization. Condition benefits on waiver: Covered entities may not condition treatment, payment, enrollment or eligibility on the giving of a waiver of HIPAA rights. Use, disclose or request medical record: Covered entities may not use, disclose or request an entire medical record unless the entire medical record is necessary to fulfill the purpose of the use, disclosure or request. Misuse of information: A health plan may not use or disclose protected health information received for the purpose of underwriting, premium rating, or other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits for any other purpose if the health insurance is not placed with the health plan. Retaliation: Covered entities may not retaliate against anyone for exercising HIPAA rights, opposing conduct believed in good faith to violate HIPAA, or participating in an investigation, compliance review, or hearing relating to HIPAA. ©Moss & Barnett, A Professional Association, 2003 |
