Why isn't HIPAA considered a federal government power grab, takeover?

[her209]

Seems to me that HIPAA is a pretty popular piece of legislation with the populace now (don't know about when it was debated) with no chance of it being repealed in the near future. It was enacted into law in 1996 in the House with a vote of 267-151 and unanimously in the Senate. There are several parts to HIPAA but I'm only picking out the meatiest parts.

HIPAA - Title I
http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html

HIPAA's is a federal law that:
- Limits the ability of a new employer plan to exclude coverage for preexisting conditions;
- Provides additional opportunities to enroll in a group health plan if you lose other coverage or experience certain life events;
- Prohibits discrimination against employees and their dependent family members based on any health factors they may have, including prior medical conditions, previous claims experience, and genetic information; and
- Guarantees that certain individuals will have access to, and can renew, individual health insurance policies.

One of the most important protections under HIPAA is that it helps those with preexisting conditions get health coverage. In the past, some employers' group health plans limited, or even denied, coverage if a new employee had such a condition before enrolling in the plan. Under HIPAA, that is not allowed. If the plan generally provides coverage but denies benefits to you because you had a condition before your coverage began, then HIPAA applies.

In other words, at the federal level, it forces health insurance companies to behave a certain way in regards to pre-existing conditions and coverage history in group plans.

In addition, HIPAA Title II also has two rules, basically federal regulations, that must be followed:

The Privacy Rule:
http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/index.html

The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.

And the Security Rule:
http://www.hhs.gov/ocr/privacy/hipaa/administrative/securityrule/

The HIPAA Security Rule establishes national standards to protect individuals’ electronic personal health information that is created, received, used, or maintained by a covered entity. The Security Rule requires appropriate administrative, physical and technical safeguards to ensure the confidentiality, integrity, and security of electronic protected health information.

Then there's the Enforcement Rule which sets rules regarding compliance, investigations, and fines:

The HIPAA Enforcement Rule contains provisions relating to compliance and investigations, the imposition of civil money penalties for violations of the HIPAA Administrative Simplification Rules, and procedures for hearings. The HIPAA Enforcement Rule is codified at 45 CFR Part 160, Subparts C, D, and E.

Where does Congress get the Constitutional authority to put in such an Act - General welfare clause, commerce clause, other?

Why isn't HIPAA considered a federal power grab and/or takeover of the health industry?

Finally, do you think HIPAA regulations caused and still causes health care costs and premiums to go up?

 

[Hayabusa Rider]

Finally, do you think HIPAA regulations caused and still causes health care costs and premiums to go up?

Of course. The cost of compliance is incredible. BTW, did you know that shortly before it was enacted (after a couple years from the time it was written) the pols discovered that the original language would have prohibited physicians from discussing a childs medical condition with their parents? That was pretty funny, sort of.

The thing that frost us is when an elderly woman married forever comes up with questions about her husband's medications because he's been acting a little "funny" we're supposed to tell her to piss up a rope. Professional discretion is removed by regulation.

 

[Pens1566]

Of course. The cost of compliance is incredible. BTW, did you know that shortly before it was enacted (after a couple years from the time it was written) the pols discovered that the original language would have prohibited physicians from discussing a childs medical condition with their parents? That was pretty funny, sort of.

The thing that frost us is when an elderly woman married forever comes up with questions about her husband's medications because he's been acting a little "funny" we're supposed to tell her to piss up a rope. Professional discretion is removed by regulation.

Which is a non issue if they added the spouse on their HIPAA release forms. Should be a common practice among married couples, updated annually depending on the doctor's office ...

 

[rudder]

There don't seem to be any entitlement liabilities with HIPAA.... i.e., no subsidized premiums for government insurance.

Finally, do you think HIPAA regulations caused and still causes health care costs and premiums to go up?

Of course it does. Anytime you add more regulations, insurance companies/doctors have to add people to deal with those regulations.

And just like with obamacare where someone will be able to not pay into any insurance plan and say 10 years down the road, pick up a nice policy with no limits after that person is diagnosed with cancer. With HIPAA that person must have been covered for 18 months.

Someone with a pre-existing condition who goes from one employer to the next may be switching insurance companies that provide the service to the employer. That new insurance company has to now pay for the treatment of that new employee. This can add to an insurance company's expenses. Why would you not think rates would rise as a result?

Companies who provide group plans to employees can negotiate/change contracts or whatever as it relates to who provides that group plan. There would be an equilibrium of sorts as insurance companies charge higher rates versus the loss of contracts.

Now with provisions of obamacare, the bill basically forces the majority of employers to have to take on more expensive plans. This will hurt small businesses especially.

 

[CycloWizard]

Which is a non issue if they added the spouse on their HIPAA release forms. Should be a common practice among married couples, updated annually depending on the doctor's office ...

That can work, except that virtually no patients read all the forms they're signing. It also breaks down if you're in a transition period, dealing with a new doctor, or under lots of other circumstances.

 

[alkemyst]

Well I have no doubt HIPPA was put into place partially to preempt the ObamaCare plan.

Most things done today are to make it easier to pass things tomorrow.

A lot of things lead up to how easy it was to get the Patriot Act enacted. That was a major blow to our freedom and most don't even realize the potential of it.

 

[shiner]

Of course. The cost of compliance is incredible. BTW, did you know that shortly before it was enacted (after a couple years from the time it was written) the pols discovered that the original language would have prohibited physicians from discussing a childs medical condition with their parents? That was pretty funny, sort of.

The thing that frost us is when an elderly woman married forever comes up with questions about her husband's medications because he's been acting a little "funny" we're supposed to tell her to piss up a rope. Professional discretion is removed by regulation.

Preach on brother! I deal with it every single day of my life from an I.T. perspective.

The cost of compliance is incredibly high. Hell some of the rules haven't even been finalized yet. In compliance one week, out of it the next due to the rules being "tweaked."

Gotta love it.

 

[zephyrprime]

I don't know why people are so paranoid about health privacy. It seems like the only reason the law was passed was so that lawmakers could hide their addictions to prescription pain killers LOL!

 

[bamacre]

I don't know why people are so paranoid about health privacy.

You mind letting me see your health history? I just want to see if you uncontrollably shit your pants or have any STD's. I want to laugh at your jungle fever.

 

[piasabird]

If it wasnt for HIPAA your insurance company, or your previous employer could sell your information to anyone. Any information that is stored can be retrieved with one simple court order.

People with certain medical conditions may not want other people to know about it.

Aids
STD's
Sex Change
Drugs to treat Mental ailments
Alcohol and Drug treatment centers
Abortions and late term abortions

 

[CycloWizard]

If it wasnt for HIPAA your insurance company, or your previous employer could sell your information to anyone. Any information that is stored can be retrieved with one simple court order.

People with certain medical conditions may not want other people to know about it.

Aids
STD's
Sex Change
Drugs to treat Mental ailments
Alcohol and Drug treatment centers
Abortions and late term abortions

Agreed, but there is a sane way to address the problem and then there's HIPAA.

 

[Hayabusa Rider]

Which is a non issue if they added the spouse on their HIPAA release forms. Should be a common practice among married couples, updated annually depending on the doctor's office ...

What should be is one thing. What happens is often another. I can understand the need for privacy, but that example I picked is more common than we'd like to see. "you should have had him fill out that paperwork correctly" is poor consolation.

Regulation is a poor substitute for judgment.

 

[piasabird]

Just fill out a permission form giving your parent/spouse access to your information.

We dont even give our class educational information over the phone because we can not positively identify the person's identity over the phone.

What happens when somone claims to by you or your spouse?

We find a lot of problems are caused by Helicopter Parents.