New law expands patients' privacy
By Robbie Dingeman
Advertiser Health Writer
A federal law going into effect Monday that is designed to give patients more privacy also will restrict information that has been easily available to anyone calling to ask about people receiving medical care.
The Healthcare Association of Hawai'i is working to get out the word on the new policy to help smooth the transition for patients and the public. Association President Rich Meiers said yesterday that member hospitals and other Hawai'i healthcare providers had spent millions preparing for the new law, which forbids release of most patient information unless the patient gives consent, said Laura Sherrill of The Queen's Medical Center.
Without consent, hospitals will not even acknowledge that a patient is there, giving the standard response: "We have no information available about a person by that name."
Patients who decide against releasing information to the public should realize it would stop the facility from giving anyone information about their condition, Sherill said.
"If you choose 'no information,' you're no information for anybody" — including clergy, friends and florists, who would not be allowed to make a delivery on that basis, said Sherrill, who headed an association work group that focused on the issue for nearly two years.
"I do believe you are going to have family members who are frustrated because they will call and they will not be able to be given" information that used to be available, Sherrill said.
The Health Insurance Portability and Accountability Act, or HIPAA, was passed in 1996 to protect patients receiving treatment against fraud, abuse and invasion of privacy.
Under the new law, protected information includes a patient's name, address, phone number, medical and account numbers, photographs, diagnosis and test results that relate to past or present care or payment.
Meiers said the law grew out of concerns nationwide that the "Big Brother concept seemed to be spreading, and you just didn't have any privacy," especially when information went to employers and insurers.
The law also means journalists might not be able to get information on the condition of accident victims or other news subjects. At most, hospitals will release a one-word condition status, such as "critical" or "good" — but only if the reporter asks for the condition of the patient by name.
If a patient's privacy is violated, civil complaints and criminal charges can be filed. Violations can result in a maximum fine of $250,000 and 10 years in prison.
Pat Oda of Hawai'i Pacific Health said some of the restrictions involve commonsense protections of privacy, while others arose from specific concerns.
She said industry officials had noted that when figure skater Tonya Harding was hospitalized, her computer record showed at least 400 people had accessed information, far more than would be likely to need her medical records.
Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 535-2429.
