All those in healthcare must comply with the federal regulations of The Administration Simplification Subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This Act requires that individually identifiable patient information be disclosed on a need-to-know basis only. Care must be taken to minimize incidental disclosures and must disclose only minimal amounts of information necessary to accomplish the task. The minimum disclosure standard, however, does not apply to requests for information by a healthcare provider for treatment purposes. For example, if someone must administer a medication, they will have full access to the medical record. This is covered by the patient’s consent for treatment.
To protect patient/client privacy, all personally identifying information must be removed from student papers, such as care plans and case studies. Information to be removed includes the individual’s name, initials, address, phone number, fax number, and social security number. Student papers may not be copied for careless circulation and handling. These written documents containing private health information must be either carefully stored or shredded to prevent the circulation of confidential patient information. Confidentiality and privacy also extend to oral communications which extend beyond the need to know for treatment and/or educational purposes.
Clinical agencies are also mandated to follow HIPAA regulations. Students will therefore be required to meet any and all of the clinical agency’s requirements as part of the clinical affiliation.
HIPAA is a federal law. Penalties for wrongful disclosure range from fines and/or imprisonment.