Practices should develop patient education material to help facilitate the duty to inform and educate patients about their new rights under HIPAA privacy regulations. Consider implementing the following:

• An easy-to-read HIPAA fact sheet or brochure (imagine trying to explain the ambiguities and complexities of the regulations set forth by the Health Information Protection and Accountability Act as well as the Health and Human Services Departments 400-plus page outline).
• A “Frequently Asked Questions” sheet.
• Staff training that includes a focus on patient education. At a minimum, staff should know to whom they should refer patient questions.
• Advise patients that although HIPAA privacy regulations afford them new rights, certain freedoms may be lost. Patients need to understand that providers will not be able to disclose PHI to patient’s friends and family as easily as prior to April 14, 2003. Family members or significant others accustomed to calling a provider to obtain the status of a loved one can only be given that information if the patient has executed a written authorization for such disclosure. (Physicians may disclose PHI to a family member or significant other if the patient is unavailable and the physician confirms the patient’s unavailability, reasonably infers that the family member or significant other is directly involved in the patient’s care, and determines that the disclosure is in the best interest of the patient).
• Prepare patients for certain inconveniences caused by HIPAA privacy regulations. Without a written authorization, PHI cannot be sent directly to a third party – such as a school, summer camp, or insurer.
• Modify, as necessary, practice Intranet and Internet pages.

Click here to access the HIPAA brochure in PDF format.

Disclaimer
NOTE: FPIC provides HIPAA guidance as a benefit to its policyholders for educational and informational purposes only. Any representations or written reports rendered in conjunction with this benefit should not be considered a certification of HIPAA compliance nor should it be interpreted as offering legal, financial, or other professional services. Policyholders that are developing policies and procedures to comply with HIPAA’s Privacy Rule should seek legal and/or professional assistance to be sure that an appropriate compliance plan is implemented for their particular practice.

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