What's new
Fantasy Football - Footballguys Forums

This is a sample guest message. Register a free account today to become a member! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!

The Gutting Of HIPAA (1 Viewer)

https://healthasahumanright.wordpress.com/2019/01/14/possible-changes-to-hipaa-whats-this-rfi-all-about-a-summary/

I recommend reading this. It’s a decent summary. 

The current administration is attempting to change HIPAA rules to have mental health and drug use information shareable with “family members, caregivers, and others.”  I believe that’s a terrible idea. 
Here are some of the protections at stake:

Your doctor may be required to release information to other doctors without your consent.

Your private and sensitive health information about your mental health and substance use, and even genetic information could be shared with friends or family without your consent.

Your right to know who is getting your health information may be limited.

Getting a copy of your rights and how to enforce them may be at stake.
- What could possibly be the reason behind these changes? These seem senseless.

 
- What could possibly be the reason behind these changes? These seem senseless.
I haven't read much about it but the only guess I could make is so you can know if your friend or family members are crazy and a danger to you or others.  One thing we sometimes hear after a mass shooting is that the people that knew the person had no idea the person was mentally ill or depressed or ________.  Maybe this is a push to have that information available.  :shrug: that's all I got.

 
- What could possibly be the reason behind these changes? These seem senseless.
I believe the thought is so that people can find out if you’re a danger or a drug addict. 

But it’s going to get people’s lives destroyed and, in some cases, get people killed. 

 
Imagine you’re a transgender 20-something with a transphobic father whom you’ve cut out of your life. 

What’s your lifespan once he can get your records, detailing your transgender status, with your address on them?

 
Last edited by a moderator:
- What could possibly be the reason behind these changes? These seem senseless.
I dont think any of these changes are official or even necessarily are going to be official. The whole basis for it is that they released a set of 54 questions that they want public comment on. The comments are still open and do not close until february 11th.

Here are some of the questions...

(22) What changes can be made to the Privacy Rule to help address the opioid epidemic? What risks are associated with these changes? For example, is there concern that encouraging more sharing of PHI in these circumstances may discourage individuals from seeking needed health care services? Also is there concern that encouraging more sharing of PHI may interfere with individuals' ability to direct and manage their own care? How should OCR balance the risk and the benefit?

(23) How can OCR amend the HIPAA Rules to address serious mental illness? For example, are there changes that would facilitate treatment and care coordination for individuals with SMI, or ensure that family members and other caregivers can be involved in an individual's care? What are the perceived barriers to facilitating this treatment and care coordination? Would encouraging more sharing in the context of SMI create concerns similar to any concerns raised in relation to the previous question on the opioid epidemic? If so, how could such concerns be mitigated?

(24) Are there circumstances in which parents have been unable to gain access to their minor child's health information, especially where the child has substance use disorder (such as opioid use disorder) or mental health issues, because of HIPAA? Please specify, if known, how the inability to access a minor child's information was due to HIPAA, and not state or other law.

(25) Could changes to the Privacy Rule help ensure that parents are able to obtain the treatment information of their minor children, especially where the child has substance use disorder (including opioid use disorder) or mental health issues, or are existing permissions adequate? If the Privacy Rule is modified, what limitations on parental access should apply to respect any privacy interests of the minor child?

(a) Currently, the Privacy Rule generally defers to state law with respect to whether a parent or guardian is the personal representative of an unemancipated minor child and, thus, whether such parent or guardian could obtain PHI about the child as his/her personal representative; if someone other than the parent or guardian can or does provide consent for particular health care services, the parent or guardian is generally not the child's personal representative with respect to such health care services.[21] Should these standards be reconsidered generally, or specifically where the child has substance use disorder or mental health issues?

(b) Should any changes be made to specifically allow parents or spouses greater access to the treatment information of their children or spouses who have reached the age of majority? If the Privacy Rule is changed to encourage parental and spousal involvement, what limitations should apply to respect the privacy interests of the individual receiving treatment?

(c) Should changes be made to allow adult children to access the treatment records of their parents in certain circumstances, even where an adult child is not the parent's personal representative? [22] Or are existing permissions sufficient? For instance, should a child be able to access basic information about the condition of a parent who is being treated for early-onset dementia or inheritable diseases? If so, what limitations should apply to respect the privacy interests of a parent?

 
On a complete side note found on the writer of that blog's twitter page...

This is one of the greatest things I have seen. So happy this video exists to nail this scammer. 

 
https://healthasahumanright.wordpress.com/2019/01/14/possible-changes-to-hipaa-whats-this-rfi-all-about-a-summary/

I recommend reading this. It’s a decent summary. 

The current administration is attempting to change HIPAA rules to have mental health and drug use information shareable with “family members, caregivers, and others.”  I believe that’s a terrible idea. 
Do the "others" include allowing employers or potential employers to get access to people medical records? If not is it just a step on the way to that? It seems like another step in the longtime Republican/Conservative/Libertarian philosophy of favoring business rights over individual rights?

 
I've worked in the healthcare industry for quite a while, dealing with medical records from a technology perspective, and a sharing perspective.

I'm not going to say I'm on board with what's being suggested here, but I will say that it's been incredibly difficult  dealing with these types of records due to their heightened sensitivity, when they'd be incredibly useful in dealing with folks in medical situations.

For example, knowing the mental illnesses folks have when receiving treatment as an inpatient, or showing up to the ER unconscious, could be incredibly useful for those doing the treatments, yet the data itself is protected at such a high level that the sharing of these records almost never happens.

Again, I'm not promoting the idea that this stuff be shared with friends/family by default, but it certainly seems that there are some issues with how we're doing things now that could be worked through to provide better care for patients.

 

Users who are viewing this thread

Back
Top