Health Insurance Portability Act Of 1996

It is important for all individuals to be knowledgeable in health care law, which governs the legal relationships of patients, physicians and other medical professions, and health care insurers to one another. Being familiar with health care law will help individuals as they make important and difficult decisions about their health and care. Two important ones to review below are the Health Insurance Portability and Accountability Act of 1996 (HIPAA0) and the Patient Protection and Affordable Care Act (PPACA), which is more commonly known as Obamacare.

The Health Insurance Portability and Accountability Act of 1996, which “is a federal statute that provides an individual with rights over his or health information and establishes limits on

who is permitted to view and receive information” (Luizzio, 2016, pg. 626), had several provisions related to patient’s privacy. This includes giving individuals the right to their own medical records, as well as correct any errors they may have listed. Also, should their medical information be used or shared, the individual must give permission. Additionally, if the medical information is shared, the individual must receive a report indicating why it was shared and with whom. This can include the conversations their doctor has with medical staff related to the individual’s treatment, information in the computer system, and billing information. It’s important to note that there are times when medical information may be shared without the individual’s authorization if it’s for the purpose of treating the patient; “coordinating care with other providers; arranging for payments of fees to providers; protecting public health; and, in selected situations, reporting to the police or other authorities (Luizzio, 2016, pg. 626). Furthermore, medical information may be shared with others who are involved with the individual’s health or bills. Individuals may file a complaint if they feel their HIPAA rights were violated.

Obamacare, signed into action by President Barack Obama on March 23, 2010, requires all individuals to “maintain minimal essential health insurance coverage, unless they are covered by employer-or-government-sponsored insurance coverage” (Luizzio, 2016, pg. 626). Individuals must pay a penalty if they don’t comply with this federal statute. However, there is a provision, referred as the individual mandate, which allows individuals who suffer from financial hardship or if their religious convictions are inconsistent with the statute to be exempt. As part of Obamacare, each state is required to establish a health insurance exchange where individuals and certain small business can elect to purchase health insurance policies and compare premiums and policy features. Furthermore, insurers must offer the same premiums to all applicants of the same age and geographical location irrespective of most pre-existing medical conditions. Also, insurance companies must eliminate both annual and lifetime caps for benefits and that large firms who don’t offer health insurance pay a prescribed amount of money into the system. Under Obamacare, group health insurance plans that provide coverage for depend children must also include any adult child until they reach the age of 26 (Luizzio, 2016).

In summary, the information above regarding the two statutes, the Health Insurance Portability and Accountability Act of 1996 and the Patient Protection and Affordable Care Act, can help individuals learn about and understand their rights. There are other health care laws that are important to the rights of patients, and such information is critical to individuals as they navigate through important decisions about their own health and care, as well as for their loved ones.