Katharina Kopp defends HIPAA federal health privacy laws

[Declan McCullagh <declan () well com>]

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Subject: RE: [Politech] Another unintended consequence of health "privacy" 
laws[priv]
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Date: Mon, 6 Oct 2003 14:27:09 -0400
Message-ID: <5FCF899547931845B276514EF3F4E2227D9381 () osidcexch soros org>
From: "Katharina Kopp" <kkopp () healthprivacy org>
To: "Declan McCullagh" <declan () well com>

Declan,

 Re: Medical Privacy, posting by J.D. Abolins


Both J.D. Abolins and the author of the posted news article incorrectly 
state what the HIPAA privacy rule requires.  Unfortunately they add to the 
confusion and misunderstanding about certain provisions of the 
law.  Despite the law's clear purpose and scope, a lack of widespread and 
consistent public education, training, and technical assistance over the 
past 2 and one half years, has given rise to a number of persistent and 
destructive myths. It might be useful to the readers of your listserve to 
have a look at the Health Privacy Project's 'Myths and Facts about the 
HIPAA Privacy Rule,' available on our website: 
http://www.healthprivacy.org/info-url_nocat2303/info-url_nocat_show.htm?doc_id=173435 



Myth 3 and 4 address the confusion and misinterpretation that the quoted 
article on access by clergy to patients' addresses.  The Privacy Rule 
permits hospitals to continue the practice of providing directory 
information to the public -- including clergy -- unless the patient has 
specifically chosen to opt out. The Regulation specifically provides that 
hospitals may continue the practice of disclosing directory information "to 
members of the clergy," unless the patient has objected to such disclosure. 
Any requirement that the patient must list a specific church or any 
limitation on the practice of directly notifying clergy of admitted 
patients is either an internal hospital policy or based on a confused 
reading of the law.



Katharina Kopp

**********************************************
Katharina Kopp, Ph.D.
Program Manager
Health Privacy Project
1120 19th Street, NW, 8th Floor
Washington, DC 20036
phone (202) 721-5614
fax (202) 530-0128
kkopp () healthprivacy org
www.healthprivacy.org

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