Medical Care for a Child

Wed, 22 Apr 2009 01:59:16 GMT

Most commonly, it is a parent or legal guardian who seeks medical treatment for a minor child, or a child under the age of eighteen. A parent or legal guardian also has the right to refuse medical treatment for a child if the treatment is neither urgent nor routine. However, in emergency circumstances, or where a parent or legal guardian is unavailable, other people may be authorized to seek medical care and treatment for a minor child.

In most jurisdictions, a simple written form or statement signed by a minor child’s parent or legal guardian is sufficient to allow another person to seek medical treatment for a minor child. This document can be very specific about the type of medical treatment or care that the parent or legal guardian is allowing another person to obtain for the minor child, or it can give open-ended permission to the other person to obtain whatever medical care is necessary for the minor child.

On the other hand, in the case of an emergency that is endangering the child’s life, it is likely that a medical provider and/or hospital can provide a minor child with emergency medical treatment as needed, even without any consent by a parent, legal guardian, or otherwise authorized person. Most commonly, these cases involve situations where a parent is unavailable to consent to treatment, and/or the minor child is incapacitated or unable to consent to treatment, either. However, in the case where a parent or guardian objects to needed life-saving treatment for a minor child, for example, the state may be able to step in and request the necessary treatment for the child, which may involve court intervention.

Furthermore, there are instances, depending on applicable state laws, where a minor child can consent to his or her own medical treatment or care. In some states, a minor child over a certain age can consent to medical care for the purposes of contraception, treating venereal diseases, HIV testing, treating drug and alcohol addiction, prenatal care, treating mental health conditions, and/or abortion. Typically, a minor child must be in his or her teenage years before having the capacity to consent to any of these types of medical treatment. Additionally, if the minor child is emancipated under state law, he or she usually can consent to any sort of medical treatment or care. Whether a minor child is legally emancipated is a matter of state law, and eligibility for emancipation varies from state to state. For instance, in most states, marriage of a minor child makes the child legally emancipated. In other states, facts such as giving birth to a child or joining the military makes a minor child emancipated.

Along with these laws governing whom can consent to a minor child’s medical treatment, laws also differ among the states with regard to access to a minor child’s medical records. In most cases, parents and legal guardians have access to their minor child’s medical records. A parent or legal guardian can also sign a release of medical information form that permits another person, such as a caretaker, to access a minor child’s medical records. An emancipated child would have access to his or her own medical records, as well.

Authorization for Release of Medical Records

Sat, 01 Aug 2009 17:47:26 GMT

Medical records often contain confidential and sensitive information. Your records not only include the dates of your physical exams, height and weight but also information about the medications that you are taking and any diagnoses made by medical professionals. Most people, understandably, want to keep their medical records private and prevent their employers, relatives and friends from learning about every their medical history from anyone other than themselves.

Federal Law Protects Patient Privacy

The HIPAA law protects patient privacy. The law allows medical information to be shared without patient consent only in limited circumstances. For example, a person’s medical information can be shared with your health insurance company so that they can pay for your care, with friends, relatives or others whom you specifically identify as being allowed access to the information, to government agencies in an effort to protect public health and to the police if circumstances warrant. Medical information can also be shared with a patient’s parent if the patient is a minor or with the person responsible for paying the medical bills.

In most other cases, a patient needs to complete a written authorization for release of medical records before information can be shared with a third party.

How to Release Information to a Third Party

There are times, of course, where you want to share your medical information with a third party. For example, you may want to authorize your primary physician to share information with a medical specialist or therapist who is also treating you. In that case you should request and expect to be provided with an authorization for release of medical records document.

Before you sign an authorization for release of medical records form it is important to make sure that the form:

Specifically states whether the entire medical record or part of the medical record will be shared;
Describes whether this will be a one time occurrence of whether your health care provider can continue to make information available to the third party. If the information is going to be provided on an ongoing basis then there should be a date when the authorization expires and must be renewed.
Indicates who will receive the information. This should include the person’s name, address and telephone number;
Indicates how the medical information will be provided. In most cases it should be provided by mail or hand delivery rather than faxed to avoid the information being seen by anyone other than the intended recipient.

If you believe that your health care provider inappropriately shared your medical information with a third party then you may file a complaint with that medical provider (or medical insurance company) or with the federal government.

Medical information is sensitive and personal. It is possible that a person can face discrimination or other repercussions if the information is not closely monitored and shared only with consent except in the circumstances where the release of the information is specifically allowed by law because of an overriding public policy consideration.

How do I appeal the denial of a Medicare claim?

Mon, 09 Mar 2009 02:40:32 GMT

If you file a claim with Medicare for a product or service related to your health care that you think Medicare should pay for, and Medicare denies your claim, or doesn’t pay the entire claim, you can file an appeal. You can file an appeal whether you receive benefits through the original Medicare Plan, a Medicare managed care plan, or the Medicare prescription drug plan. By following some simple steps to appeal the denial of your claim, you can ask Medicare to reconsider its decision about your coverage for a product or service.

Different companies administer the billing for original Medicare Plan claims. Therefore, you should first take a look at the notice that you receive from the billing company that denies your claim for benefits. On the back of that notice, which is often called an Explanation of Medicare Benefits, there are instructions about appealing your claim.

If you receive benefits under a Medicare managed care plan, you should have received a document that you that gives you information about how to file an appeal of the denial of a claim. If you think that the denial of your claim will have a serious effect on your health, you can also ask for a fast decision, which gives the plan only 72 hours in which to reconsider your claim. If your doctor supports your request for a fast appeal, you will automatically receive a fast appeal.

The notice that denies any kind of Medicare claim will give you a telephone number to call if you want to file a fast appeal, and an address to put your appeal in writing if you want to request a regular appeal. You generally have to file your appeal within 60 days after the date of the denial notice. You can appeal the claim yourself, or you can have a family member, friend, or attorney help you with your appeal.

As with the Medicare managed care plan, if you receive benefits under a Medicare prescription drug plan, the plan must give you written information about appealing a claim that it has denied to the plan sponsor, which is called asking for a coverage determination. When you ask for a coverage determination, the plan sponsor must answer you within 72 hours, or within 24 hours if you request a fast decision. If you still do not agree with the coverage determination, you can appeal that decision to the plan sponsor within 60 days of the denial. The plan sponsor has 7 days to process your appeal, or 72 hours for a fast appeal. If you still don’t agree with the appeals decision, you can then further appeal to an independent review organization, which must review your claim within 7 days, or 72 hours for a fast appeal.

If you exhaust these appeals processes, and you still aren’t satisfied with Medicare’s decision about your claim, you can further appeal the denial of your claim by asking for a hearing in front of an administrative law judge. There are further appeals options beyond the administrative hearing, as well, including review by the Medicare Appeals Council, and filing a lawsuit in federal district court. Since there are strict timelines and procedural requirements for these sorts of appeals, you should really contact an attorney to help you out if you get this far along in the appeals process.

You can get appeals forms for Medicare claims online, or you can contact the organization that denied your claim by using the contact information on your denial notice.

How to Change a Life Insurance Beneficiary

Sat, 01 Aug 2009 17:47:57 GMT

There are many factors that can lead to a person wanting to change his or her life insurance beneficiary. Marriage, divorce or the death of the beneficiary are just three common reasons that people seek to change their life insurance beneficiaries. Most of the time changing a life insurance beneficiary is a simple, yet formal, procedure that can easily be accomplished as long as the life insurance holder follows certain formalities. Sometimes, however, changing a life insurance beneficiary can be more complicated. It is equally important in both simple and complicated cases to follow the rules set forth by state law and your insurance company to make sure that your change of beneficiary is properly implemented and in place should anything happen to you.

General Provisions to Change Life Insurance Beneficiaries

The first thing that you should do if you want to change life insurance beneficiaries is to contact your life insurance company. Life insurance companies generally have standard documents that they want you to use to change your beneficiary. In addition to information about your policy, the change of beneficiary from will typically ask for the new beneficiary’s name, social security number, address and relationship to you. If you intend to divide the life insurance proceeds among two or more beneficiaries then the form will also ask you for the percentage of the proceeds you want provided to each beneficiary. The form typically must be witnessed by two people who are not named as beneficiaries.

Special Considerations

While the general provisions to change a life insurance beneficiary are applicable in most situations, there are certain situations when you, as the policy holder, many not legally change the beneficiary. Those situations include situations where:

you named an irrevocable life insurance beneficiary on your policy. Since the naming of the original beneficiary was irrevocable, you as the policy holder cannot change it without that beneficiary’s consent;
you have gotten a divorce and the judge has ordered you to keep your ex-spouse as the beneficiary on your life insurance policy as part of the divorce settlement; or
you are changing the beneficiary in contradiction of a court order or in a manner that violates the law.

The above situations notwithstanding, in most cases you can change your life insurance beneficiary if you so desire. However, it is important to remember that your life insurance policy is just that – an insurance policy. You must change your beneficiary according to the requirements set forth by your insurance company. While the policy is redeemable when you die, it is not part of your estate. Therefore, you cannot make changes to your policy in your will or in any document other than that which is approved by your insurance company. If you are legally able to change your beneficiary and you follow the requirements set forth by you insurance policy then changing your life insurance beneficiary is a relatively easy thing to do.

Many of us maintain life insurance policies to provide financial protection to our families when we die. It is, therefore, very important that the right beneficiaries be named so that our plan of financial protection can be implemented.

How to Deal with Medical Issues

Fri, 14 Aug 2009 13:09:37 GMT

Major health problems can be devastating for families in many ways. If a family member becomes seriously ill, issues such as loss of employment or income, loss of medical insurance, and an inability to pay medical bills all can have a negative impact on the family. Furthermore, the spouse or parent who is caring for an ill family member may experience his or her own issues with taking leave from employment, obtaining medical insurance for the family when insurance coverage has lapsed, and making financial decisions for the family. Finally, healthcare issues involving pregnancy and childbirth can have implications for the family, as well, in terms of medical insurance coverage and taking time off from work.

Your Right to Obtain and Maintain Medical Insurance

If you have access to an employer-sponsored medical insurance plan through your job or your spouse’s job, you have certain legal rights under a federal law called the Employer Retirement Income Security Act of 1974 (“ERISA”). ERISA requires that you be given certain information about your health plan, such as coverage limits, costs, and rules that you must follow. ERISA also provides that you be furnished with information about appealing the denial of claims for medical care that you have submitted for yourself and/or your family member(s).

If you or a family member that is covered by your medical insurance plan becomes seriously ill, such as in the case of a cancer diagnosis, the Health Insurance Portability and Accountability Act (“HIPAA”) prohibits insurance companies from discriminating against you in any way. For example, an insurance coverage may not charge different premiums or rates for a sick person as opposed to a healthy person, deny you coverage for your treatment, or otherwise exclude from coverage. Similarly, an insurance coverage may not prohibit you from enrolling in a medical insurance plan if you are ill or do not meet certain health standards. Likewise, HIPAA requires your health insurance plan to give you an additional opportunity to enroll or obtain coverage under the plan if you have had a certain change in circumstances, such as if you divorced, married, if you gave birth to or adopted a child, if your spouse who provided you with medical insurance coverage passed away, or if you lost other insurance coverage (through a spouse’s job).

HIPAA also gives you certain rights in terms of covered services. HIPAA amended ERISA to impose limitations on the exclusion of preexisting medical conditions, or those medical conditions for which you received some type of treatment during the six-month period prior to enrolling in your employer’s medical insurance plan. Many insurance policies exclude coverage for treatment related to preexisting medical conditions, but HIPAA requires insurance companies to limit their exclusion periods for preexisting medical conditions to 12 months, and to credit you with any periods of other medical insurance coverage that you had during that 12-month period.

If you do lose your medical insurance because you have lost your job, or are unable to work as many hours due to your illness, or the illness of a family member, you do have some rights to maintain your current medical insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). COBRA applies to all employers who employ 20 or more employees, and requires that you be able to purchase medical insurance through your former employer at the same price for up to 18 months following the loss of your employment. Although maintaining medical coverage under COBRA can be expensive, because you must pay your employer’s share of your health insurance premiums, along with your own share of the premiums, it still will be typically cheaper than attempting to purchase a private heath insurance policy.

Alternatives to Employer-Provided Medical Insurance

There are some alternatives to private medical insurance, if you no longer have access to it through your job. People who are self-employed, for example, or unemployed persons, have no access to employer-sponsored health insurance plans. You can purchase private insurance policies on your own, but they are typically prohibitively expensive, and carry extremely high deductibles. Furthermore, these private insurance policies may not cover some medical conditions, or certain types of treatment, even if necessary.

If you or a family member is suffering from a serious health condition that is expected to last for some time, you may look at programs available in your state for public health insurance coverage. If certain financial eligibility requirements are met, most children are eligible to be covered under state Medicaid programs. Likewise, adults who are disabled may be eligible for medical insurance through state Medicaid disability programs. The requirements for eligibility, as well as the coverage, vary widely from state to state, and are dependent on each state’s laws and regulations that govern these programs.

Likewise, if you or a family member is permanently disabled and/or over the age of 65, you or your family member may be entitled to medical insurance coverage under Medicare, which is a federal public health insurance program. There are no income limits on Medicare coverage, but you will be responsible for some monthly premiums and co-pays, just as if you were covered by a private health insurance policy.

Finally, if you are in need of emergency medical care, and you do not have access to either private or public insurance programs, you still can receive emergency medical care. Under the Emergency Medical Treatment and Active Labor Act (“EMTALA”), all healthcare facilities must evaluate persons who request emergency medical treatment, including pregnant women who are in labor, determine whether an emergency medical condition exists, and take action to stabilize the emergency medical condition. The law states that an emergency medical condition exists when symptoms are so severe that failure to provide or a delay in providing medical treatment would reasonably result in serious harm. While EMTALA requires all healthcare facilities to provide emergency medical treatment if needed, it does not require facilities to provide any medical treatment beyond emergency medical treatment, including necessary follow-up or continuing medical care. However, some for-profit hospitals are required by their own policies to provide some degree of charity medical care, so they may have other programs through which you can receive non-emergency medical treatment at reduced or no cost.

Taking Time Off Work – Your Rights Under the Family and Medical Leave Act

If you become seriously ill and need to take time off from work, or if a family member becomes ill and you need to take time off from work in order to care for your ill family member, you may have a legal right to do so under the Family and Medical Leave Act (“FMLA”). The FMLA may provide you with leave from your job in the event of an illness, so long as you work for a covered employer, you work at or within 50 miles of a location where there are at least 50 employees, and you have worked for your employer for at least 1,250 hours during a period of at least twelve months. If you are covered by FMLA, you are eligible to take up to 12 weeks of unpaid leave, although your employer may require that you use any available sick, personal, or vacation time that you have accrued for the purposes of FMLA leave before you are permitted to take unpaid leave.

Leave is permissible under the FMLA if you or your family member is suffering from a chronic serious health condition that has left you or your family member incapacitated, that continues over an extended period of time, and that requires periodic medical treatment. However, you may take FMLA leave in increments, as needed; your leave time is not required to be taken consecutively.

Pregnancy and Adoption

FMLA coverage is also available for parents who have had a new child, whether it be through birth or adoption. While a mother can take up to 12 weeks of FMLA leave to recover from pregnancy and/or childbirth, and to care for her newborn child, a father is also permitted to take the same amount of leave in order to care for his incapacitated spouse and/or child. Again, this leave is unpaid, and you may be required to exhaust all leave time to which you are entitled before taking unpaid leave under the FMLA.

However, if you choose to take leave from your employer pursuant to the FMLA, your employer can require that you provide certification from a medical professional as to the chronic serious health condition that is affecting you or your family member. Your employer can require you to update this certification at least every six months. While you are not required to disclose your private medical information to your employer under the Health , you do have to provide the requested medical certification to your employer.

How to Get the Medical Care That You Want When You are Unable to Communicate

Sat, 01 Aug 2009 17:45:06 GMT

Many people have specific ideas about the medical care that they want to receive if they become ill or injured. However, at the time an illness or injury strikes a person may not be able to communicate those ideas to his or her physicians or loved ones. This can not only be frustrating but also life changing. Therefore, most states recognize the legal validity of advance medical directives that can guide a medical team to make the decisions that the patient wants them to make despite the patient’s inability to communicate his or her wishes.

Documents that can legally provide this type of guidance and communication include living wills, medical powers of attorney, advanced health care directives and do not resuscitate (DNR) orders. Each of these documents serves a different purpose, such as:

· Livings Wills: a living will specifies what kind of medical treatment you want or do not want. For example, you may refuse mechanical breathing or tube feeding if accepting either would only prolong your inevitable demise.

· Medical Powers of Attorney: a medical power of attorney allows a person to name a health care agent who can make medical decisions for that person should the person become unable to do so himself.

· DNR Orders: a do not resuscitate order prevents medical staff from using CPR or other life saving measures to extend a person’s life for only a short time. Each state has its own requirements about how to properly enact a DNR and a DNR that is not properly executed will be void. Medical staff who are unsure of a DNR’s validity are directed to act as if the DNR does not exist.

· Advanced Health Care Directives: in some states an advanced health care directive combines the information contained in a living will, medical power of attorney and DNR order into one document.

Before you draft any of these documents you should consider what you want to accomplish by having these documents. Specifically, you should consider:

· Whom you trust to make medical decisions on your behalf if you are incapacitated and a decision needs to be made that cannot be made by relying on your living will;

· Whether you want extraordinary measures used to extend your life;

· Whether you want to continue living on life support indefinitely; and

· Any other issues that are of importance to you regarding your medical care.

In order to have autonomy and control over your life it is important to be able to communicate your desires regarding medical care even when you are physically unable to do so. Living wills, medical powers of attorney, DNR orders and advanced health care directives allow people to do just that. However, people drafting and executing these documents should be aware of all of the formalities and necessary contents required in their jurisdiction before finalizing these documents. If the state requirements are not met then the medical staff will disregard your wishes because they must always err on the side of life saving measures in the absence of clear direction otherwise. Therefore, it is important to draft your living will, medical power of attorney, DNR order and advanced health care directive carefully and to execute it legally so that your wishes will be honored should the situation arise.

How to Legally Prepare Yourself for Surgery

Sat, 01 Aug 2009 17:46:40 GMT

A person who is preparing for a scheduled surgery has a lot of details to consider. The person must comply with his doctor’s pre-surgical protocols, arrange to take time off from work, find caregivers for children or other dependents, and arrange for post surgical care, for example. While the logistics are important and must be worked out, it is also important for the person to make sure that all of his affairs are in order.

According to the Centers for Disease Control and Prevention, thousands of people die in surgery in the United States each year. Approximately 8,000 people die each year from surgical site infections. Other deaths occur due to the use of anesthesia, medical errors and unavoidable medical complications. Accordingly, anyone who goes into surgery must make sure that the following documents are updated and legally enforceable:

· Will: it is a good idea to have a valid will in place prior to going into surgery. A will can ensure that your possessions and property interests are passed to the people whom you choose when you die. If you do not have a valid will at the time of your death then the state decides how to distribute your assets which may or may not be the way you would like them to be distributed. Many people who die in surgery do not anticipate their death. They go into surgery trusting that the surgery will extend or improve their lives, not shorten it. However, since some deaths do occur during surgery, it is important to have a will in place just in case.

· Designation of Guardians: parents of minor children should make sure that they have legally designated a guardian for their children should something happen to them in surgery that makes them unable to care for their children. Guardians may be named in a properly executed will or another legal document that is recognized in the jurisdiction where the parents and children reside.

· Advanced Health Care Directives: if something goes wrong during surgery it is possible that difficult medical decisions will need to be made and that you will be unable to make them for yourself. It is also possible that you will come out of surgery and not be conscious for a period of time. In those circumstances, medical staff will look to your living will for your directions or to the health care proxy or health care power of attorney whom you have named to act on your behalf in such situations.

No one likes to think about dying during surgery and the odds are that the surgery will help you, not harm you. However, just as the surgery is important to your own health and wellness preparing for an unlikely problem is important to the health and wellness of your family and loved ones. Therefore, as you consult with your doctor and follow the doctor’s recommendations prior to surgery you should also consult with your attorney and follow your attorney’s recommendations so that you are your family are well prepared for all of the possible outcomes.

How to Revoke a Health Care Directive

Sat, 01 Aug 2009 17:45:32 GMT

You may have had very specific and very definite ideas when you drafted your living will, medical power of attorney, DNR order and / or advanced health care directive. You may have taken the time to carefully consider all of the content and to make sure that each document was executed according to the procedures required by state law. Then something may have changed. Perhaps you faced a life threatening illness or injury that changed your point of view. Maybe you no longer speak with the person you appointed as your medical power of attorney or maybe you have seen a loved one suffer after heroic measures were taken that only extended his or her life by a short amount of time.

No matter what the reason for your change of heart, it is important that you revoke your legal documents correctly and execute new documents if you so desire.

If you decide to revoke one or more of your health care documents then it is important to take the following steps:

1. Follow all revocation requirements that are legally required in the jurisdiction where you executed the documents. This can usually be done in one of three ways. You can rip up the document so it is as if the document never existed, you can write out your revocation and have it witnessed and executed or, if you are able to do so, you can verbally direct your health care provider to do something different than what is in your document.

2. Make sure that all of your documents are consistent. Often estate planning and health documents are redundant. For example, you may have something included in both an advanced health care directive and a DNR order. In order to make sure that your revised wishes are respected it is important that you revise or revoke both documents so that your plan is consistent and easy for medical professionals to understand and follow.

3. Make sure that you execute new documents. It may be important for you to execute new documents once you revoke ones that are no longer consistent with your wishes. For example, just because you no longer want your ex-spouse to be your medical power of attorney that does not mean that you do not want anyone to fill that role. You may wish to execute a new medical power of attorney naming a sibling or friend as the power of attorney.

Automatic Revocation

In some cases your living will may be automatically revoked. For example, state law may require that a pregnant woman be kept on life support until the fetus can safely be delivered even though the woman has a living will that expressly prohibits the use of life support. Some states also automatically revoke a medical power of attorney upon divorce if the ex-spouse was appointed as the power of attorney. Of course, the death of the person whom you appoint as a power of attorney would also be cause for automatic revocation.

Generally, we execute our health care directives, living wills, DNA orders and medical powers of attorney with the expectation that those documents will remain in force for the rest of our lives. However, sometimes circumstances change and it is important to legally revoke those documents and execute new documents that are consistent with your wishes.

Organ Donor Declarations

Sat, 01 Aug 2009 17:46:02 GMT

On the morning of July 21, 2009 the U.S. Department of Health and Human Services reported that there were 102,486 people waiting for organ transplants in the United States. Organ transplants occur when an organ, or part of an organ, is taken from an organ donor, who may be living or deceased, and transplanted into another body. It is an important part of modern medicine that is credited with saving many lives. However, in order for organ transplants to take place both doctors and donators must follow the provisions of organ transplant law.

Organ donation law is primarily governed by state law. The majority of states have passed the Revised Uniform Anatomical Gift Act which governs when and how a person may donate organs after his or her death. Like the previous versions of the Uniform Anatomical Gift Act, organ donators must “opt in” and follow the legally mandated steps to be a potential organ donor. The opt in system exists so as to protect people from becoming organ donators if it is against their personal or religious beliefs. If the steps are not followed then it is presumed that the person did not wish to become an organ donor and his or her body will not be eligible for organ donation upon his or her death.

Things to Consider Before Signing Up to Be an Organ Donor

o If you are under age 18 or the age needed to obtain a driver’s license in your state, you need the consent of your parent or legal guardian.

o If you are HIV positive or have active cancer or a systemic infection then you are likely ineligible to be an organ donor.

o Do you want to be a living donor? A living donor who qualifies can donate a kidney, part of his or her liver, lung, pancreas or intestine. Living donors can also donate tissues such as blood and bone marrow.

o Do you want to be an organ donor after your death?

o Do you want to donate your entire body to medical research after your death?

o Have you made an affirmative statement of your desire to be an organ donor that is consistent with the requirements of the law in the state where you reside? In many states, legal documents such as your will, advance health care directive and your driver’s license can serve as your affirmative statement of your desire to be an organ donor. The Uniform Anatomical Gift Act also allows terminally ill or injured people to make an enforceable verbal statement indicating their desire to become an organ donor if that statement is made before two witnesses at least one of whom is impartial.

o Which organs would you like to donate? Your donation can be limited to tissue, eyes or organs or inclusive of all types of organ donation.

Organ donation is an intensely personal decision. The law seeks to protect the donor and to allow each individual to make his or her decision regarding organ donation in a manner that cannot be misunderstood or misused. Therefore, if you are interested in becoming an organ donor then you should follow the rules set forth in your state and make an affirmative declaration of your intent to donate organs that will be followed upon your death.

The Possible Limitations of Your Health Insurance Coverage

Sat, 01 Aug 2009 17:48:26 GMT

Most people place their health toward the very top of their priority list. Many people who can afford to do so subscribe to health insurance plans to help them afford the cost of the medical care that is necessary to keep them healthy. Since health insurance is not always affordable many Americans are uninsured. The problems this creates are well documented and often reported on, with good reason. They are very serious and can be life threatening. However, it is also important to discuss the issues of people who do carry health insurance because there may be issues with their health insurance coverage that create significant gaps in care and serious health concerns for the policy subscriber and his or her family.

Before you sign your health insurance documents and start paying your premiums, it is important to understand the details of the plan that you are purchasing including:

Your Deductible and Co-Insurance Rates. Some health insurance policies require you to pay a deductible before your coverage begins. The size of the deductible can range from a few hundred dollars to thousands of dollars, depending on your policy. Some plans have participants pay a co-insurance amount once they have met their deductible. During the co-insurance period the insurance company pays a percentage of the medical costs and the insurance holder pays the other percentage.
Your Prescription Coverage. Some health plans include prescription coverage and others do not include your cost for prescription drugs. It is important to understand whether your plan covers your prescriptions and what the out of pocket cost to you will be after your prescriptions are filled.
Your Coverage for Hospital Stays and Medical Procedures. Most people want their doctors, not their health insurance companies to make their medical decisions. For example, you want your doctor to decide how many days you need to remain in the hospital following surgery based on your unique circumstances. You do not want your health insurance company to make that decision for you. If your health insurance policy has a customary number of days it allows a patient to remaining the hospital following certain types of surgeries or procedures then you want to understand how your doctor can seek to override that and have your insurance company pay for any additional time that it is medically necessary for you to remain in the hospital.
Your Coverage for Pre-Existing Conditions. Many health insurance plans exclude coverage for pre-existing conditions. That means that if you have cancer, diabetes or even if you are pregnant, it can be difficult to purchase a new health insurance plan that will cover the costs of the condition that you know you have at the time you are signing up with that health insurance company. The costs for treatment can be astronomical without health insurance.

You never know when you are going to need your health insurance to pay your medical bills. You may be young and healthy and not anticipate a medical problem. However, all it takes is one car accident or one birth injury to put you into personal bankruptcy. Therefore, it is important to understand just how comprehensive your health insurance is and to make an educated decision about whether it will meet your needs now and in the future.

What are Good Samaritan laws?

Wed, 22 Apr 2009 02:21:13 GMT

Good Samaritan laws, which are also known as Volunteer Protection laws, are state laws that are enacted to protect healthcare providers and other rescue personnel from being sued as a result of providing help to a victim during an emergency situation. As long as you use reasonable care in assisting a person during an emergency, based on the resources that you have available to you at the time, you cannot be sued for any injuries that the person sustains during the incident.

While Good Samaritan laws vary from state to state, these laws typically apply when you take purely voluntary, good-faith action to help another person at the scene of an emergency, and the person does not object to your help. If you provide help to another person under a Good Samaritan law, keep in mind that you must exercise the same standard of care and/or treatment that you normally help to in your profession. In other words, if you’re a trained medical professional, then you must act according to medical professional standards. However, if you are not trained in a medical professional, then your duty may be only to call for help or other forms of help, but not to render medical care or first aid. So long as you act reasonably in light of the circumstance, and in keeping with professional standards, you probably will not be liable in a jurisdiction that has enacted a Good Samaritan law.

The mere existence of a Good Samaritan law, however, does not mean that you cannot be sued. If you act negligently or recklessly in light of applicable professional standards, you might still be liable for damages, despite a Good Samaritan law. Plus, Good Samaritan laws are state laws, not federal laws. Therefore, a state Good Samaritan law will not protect you from liability in a federal civil rights lawsuit. Additionally, some versions of Good Samaritan laws may hold you liable if you do NOT act to assist another person during an emergency. In any case, you should be cautious about the type of assistance that you provide in an emergency situation, and be sure to act – or not act - in a manner that will not result in your liability under your state’s Good Samaritan law.

Good Samaritan laws typically don’t extend to people who are giving medical care or treatment in the course of their employment. So, if you’re a nurse who works in a medical center, any action you take in an emergency would not be covered by a Good Samaritan law. Likewise, the class of people that a state’s Good Samaritan law protects differs. While most state Good Samaritan laws protect all people who give assistance in an emergency situation, some state Good Samaritan laws only protect certain classes of people, such as trained rescue personnel. Therefore, it is important to educate yourself as to whether your state’s Good Samaritan law would apply to you if you were faced with an emergency situation.

What are my legal rights to confidential drug and/or alcohol treatment?

Wed, 22 Apr 2009 02:15:14 GMT

People who have completed drug and/or alcohol treatment may be concerned about whether their past problems with substance abuse will forever haunt them. However, there are a number of federal and state laws that can help ensure that you are treated fairly and not denied certain services because of your history with substance abuse or treatment for substance abuse.

Federal laws such as the Americans with Disabilities Act and the Rehabilitation Act of 1972 prevent employers in the public and private sectors from discrimination on the basis of past substance abuse treatment, as do some state anti-discrimination laws.

Plus, if you need substance abuse treatment that requires you to take a leave of absence from work, you may be able to do so pursuant to the Family and Medical Leave Act (“FMLA”), which permits up to 12 weeks of unpaid leave for medical purposes. So long as your employer is subject to the FMLA, and you are otherwise eligible to take FMLA leave, your employer cannot discriminate against you for requesting medical leave in order to undergo substance abuse treatment. Your employer also has a duty to accommodate any ongoing treatment that you might need that requires you to be absent from work or alter your work schedule, if it would not cause undue harm to do so.

Furthermore, any information about the fact that you have undergone substance abuse treatment is completely confidential. If your employer needs information about your treatment for the purposes of FMLA or medical insurance, your employer cannot disclose any of this information without your consent. Also, if employment-related drug testing reveals legally prescribed medications in your system, such as methadone, your employer cannot disclose this information, or punish you for it.

Likewise, if you are interviewing for a job, your prospective employer cannot even ask you about any substance abuse treatment that you might have undergone in the past. Employers are prohibited from discriminating against job applicants who have a history of substance abuse or treatment for substance abuse. Similarly, government job placement or training centers, such as unemployment offices, cannot discriminate against you due to your history of substance abuse or treatment.

You are also entitled to fair treatment in terms of housing under the Fair Housing Act, a federal anti-discrimination law. A landlord, seller, realtor, or public housing agency cannot prevent you from renting or purchasing a home because you have a history of substance abuse or treatment. The only exception is that you may not be permitted to live in public housing if you have certain drug-related criminal convictions in your past.

Other government and public agencies are subject to anti-discrimination laws, as well. For instance, you cannot be denied public assistance, such as Medicaid or food stamps, because you have a history of substance abuse or treatment. Public entities such as churches, hospitals, and schools also are prohibited from discriminating against you or denying you services due to your history of substance abuse or treatment.

What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

Sun, 01 Mar 2009 02:44:46 GMT

COBRA is a federal law that allows employees and their families to temporarily continue coverage under employer-sponsored health insurance plans in certain circumstances. Therefore, if you are facing a job loss, death of a spouse, or divorce, all of which may change your eligibility for health insurance coverage, you should find out if you are eligible for COBRA benefits.

COBRA generally applies only to state and local government employers, as well as to private employers which employed 20 or more part-time or full-time employees during the prior year, and that provide a group health insurance plan to their employees. Additionally, COBRA benefits are available only to certain people, or “qualified beneficiaries,” a category that includes an employee, the employee’s spouse, and the employee’s dependent child(ren). Under some circumstances, COBRA benefits may also be available to retired employees, along with their spouses and dependent child(ren), as well as independent contractors who participate in a group health insurance plan. In order to fall within any category of qualified beneficiary, you must be a participant in the employer’s group health insurance plan.

It is important to know that COBRA benefits are available to qualified beneficiaries of covered employers only in very specific circumstances, which are called “qualifying events”. The type of qualifying event determines which people are qualifying beneficiaries, how long people have to enroll in COBRA benefits, and how long COBRA benefits are available to them. For instance, for employees, qualifying events include lay-offs or termination, except in cases of gross misconduct, or a reduction in an employee’s hours. For employees’ spouses and dependent children, qualifying events are the same as for employees, but also include an employee becoming eligible for Medicare benefits, divorce or legal separation, or death of the employee.

COBRA benefits can last anywhere from 18 to 36 months, depending on what type of qualified beneficiary you are, and what type of qualifying event has occurred. For instance, in the case of a job loss, COBRA benefits typically are limited to 18 months. In the case of an employee’s spouse who has lost coverage due to a divorce, however, COBRA benefits can extend up to 36 months.

If you are eligible for COBRA benefits, you should know that you will be responsible for paying up to 102% of the entire premium of the health insurance plan coverage, which normally will be more expensive than what an employee enrolled in the plan would pay. However, COBRA benefits, at least on a temporary basis, are likely to be less expensive than buying an individual health insurance plan, or going without health insurance coverage altogether. Plus, the newly passed American Recovery and Reinvestment Act of 2009 does provide benefits under COBRA at a reduced rate for certain persons who have lost health insurance coverage due to a lay-off that occurs between the dates of September 1, 2008 and December 31, 2009. Eligible persons may be entitled to pay reduced premiums for continued health care coverage at a rate of only 35% of the normal plan premiums.

For more detailed information about COBRA and eligibility for benefits under COBRA, you can contact the U.S. Department of Labor by calling 1-866-444-3272 or visiting the DOL website.

What is the Emergency Medical Treatment and Active Labor Act of 1985?

Wed, 22 Apr 2009 01:50:20 GMT

The Emergency Medical Treatment and Active Labor Act of 1985 (“EMTALA”) was passed as part of the Consolidated Omnibus Budget Reconciliation Act of 1986, a federal law that is more commonly known as “COBRA”. EMTALA is the portion of COBRA that determines the circumstances under which a patient can be refused medical treatment, and/or be transferred to another hospital.

EMTALA applies to all hospitals that receive public funding from the Medicaid and Medicare programs, which includes most hospitals in the United States. The main purpose of EMTALA is to prevent hospitals from discriminating against patients who cannot afford to pay for medical care by refusing to treat them or transferring them to other hospitals. Essentially, EMTALA does not permit a hospital to treat a patient with a medical emergency, but who does not have health insurance, any differently than a patient who has health insurance or can pay for treatment.

More specifically, if a person comes to the emergency department of a hospital and requests treatment for an emergency medical condition, the hospital must provide screenings and/or examinations in order to determine whether the person truly has an emergency medical condition. If the person has an emergency medical condition, then the hospital must treat the patient with no regard to his or her ability to pay for medical treatment. EMTALA also specifies that hospitals must treat pregnant women who are in active labor until they deliver, unless safe transfer to another hospital is appropriate.

Emergency medical conditions include those conditions that, in the absence of immediate treatment, could result in serious jeopardy to one’s health, serious impairment to bodily functions, and/or serious dysfunction of any bodily organ or part. Emergency medical conditions also encompass any similar risks to a pregnant woman’s unborn child.

Generally, EMTALA prohibits hospitals from transferring patients to other medical facilities prior to their medical conditions becoming stable. However, there are circumstances under which a hospital can transfer a patient with an unstable medical condition. Typically, transfer of an unstable patient is permissible under EMTALA when the hospital has stabilized the patient to the extent of its capabilities, the patient needs further treatment available at another facility, and the medical benefits of a transfer outweigh the risks. In this case, the hospital must make prior arrangements with the other facility to receive and treat the patient, send the patient’s medical records with him or her to the other facility, and transfer the patient with the appropriate medical measures in place.

EMTALA also addresses situations where a patient refuses treatment or requests transfer to another facility. If a patient refuses treatment against the advice of medical personnel, the hospital has completed its duty to screen the patient for an emergency medical condition, and has no further responsibilities under EMTALA. Likewise, a hospital can transfer a patient to another facility upon his or her request, but it still must be an appropriate transfer as defined by EMTALA.

What is the HIPAA Privacy Rule?

Sun, 01 Mar 2009 02:59:45 GMT

Essentially, the Privacy Rule under the Health Insurance Portability and Accountability Act (“HIPAA”) sets forth your privacy rights to your medical and health information. The Privacy Rule defines who may have access to your medical information, and under what circumstances another person or organization can have access to that information.

The Privacy Rule applies only to “covered entities”, which include most health insurance plans and health care providers who might have your medical information, such as doctors, hospitals, nursing homes, and pharmacies. All of the information in your medical records, as well as conversations between doctors and other medical staff about your medical condition(s), are covered by the Privacy Rule. However, it is important to know that the Privacy Rule does not apply to many other organizations that might also have access to your medical information, such as law enforcement agencies, life insurance companies, school districts, and employers.

Under the Privacy Rule, covered entities must all have systems in place to protect your confidential medical information. In creating these privacy systems, covered entities must minimize the disclosure of your medical information, limit access to your medical information, use procedures to ensure that any contractors keep your medical information private, and implement training programs for their employees in order to educate them about safeguarding your medical information.

The Privacy Rule also gives you certain rights with regard to your medical information. For instance, covered entities must allow you to view and/or get a copy of your medical records, and make any corrections to those records that you request. Covered entities must give you a detailed explanation of their privacy practices each year, and you have a right to control how, when, and to whom your medical information is shared.

Plus, the Privacy Rules governs how your medical information may be disclosed. For example, a covered entity may release your medical information to other medical providers in order to properly treat you, or to protect the public’s health. Under the Privacy Rule, however, a covered entity may not release your medical information to your employer, or use your medical information for marketing or advertising without your knowledge and consent.

If you believe that a covered entity has violated the Privacy Rule with regard to your medical information, you can file a complaint with the entity itself, or file a complaint with the Office of Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”). Your complaint must be in writing, and must specifically identify the person that you believe violated the Privacy Rule. Generally, you must file a complaint within 180 days of the date that you knew or should have known of the violation, although the OCR can extend this deadline for good cause. While you don’t need to use a specific form to file a complaint under the Privacy Rule, you can use the OCR’s form to file a complaint, which you can request from your regional OCR office, or which you can find online at www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. If you have questions about filing a complaint under the Privacy Act, you can also contact the OCR via e-mail at OCRMail@hhs.gov.

What is the Patient Safety and Quality Improvement Act of 2005?

Sun, 01 Mar 2009 02:53:26 GMT

The Patient Safety and Quality Improvement Act of 2005 is a federal law that has resulted from the federal government’s concern for the safety of patients receiving medical care. As the goal of the Act is to improve the safety and quality of care that patients receive, the Act provides for the creation of Patient Safety Organizations (“PSOs”) that gather facts, information, and statistics regarding the safety and quality of patient care. By collecting and analyzing this information, the federal government aims to enact measures and procedures to eliminate risks to patient safety. In order to implement the aims of the Act, Congress also enacted the Patient Safety Rule, which became effective January 19, 2009.

Although reporting of data is voluntary, the Act contains very specific confidentiality requirements that, if violated, can result in monetary fines. These confidentiality provisions limit the use and disclosure of collected data, such as in legal proceedings. Essentially, these provisions allow health care providers to report information and incidents using names of patients and healthcare providers that were involved in these incidents, without fear of increased liability. With the information provided under the Act, the goal is to analyze these incidents, discover their causes, and work toward a decreased number of these incidents.

The Office for Civil Rights (“OCR”), which is a division of the U.S. Department of Health and Human Services (“HHS”), enforces these confidentiality provisions. Under the Act, the OCR has the right to conduct reviews in order to determine whether a person or organization has complied with the Act, and to investigate complaints of violations of the confidentiality provisions.

If you feel that the Act has been violated with respect to its confidentiality provisions, you can file a complaint with the OCR, who has a duty to investigate your complaint. Your complaint should be made in writing to the OCR, and should be sent to the OCR by mail, fax, or e-mail. In your complaint, you must name the person whom you believe to be responsible for violating the Act, and describe the action(s) that you believe violated the Act in detail. Generally, you must file a complaint with the OCR within 180 days of the date that you knew, or should have known, that the violation occurred. However, the OCR does have the ability to waive the 180-day period for filing complaints for good cause.

You are not required to use any particular complaint form to make a complaint under the Act. However, you can access the official OCR complaint form to make your complaint online at the Department of Health and Human Servces website.

If the OCR finds a violation of the Act, it will make efforts to reach an informal resolution of the situation through voluntary compliance by the person or organization that has violated the Act. If an informal resolution is not possible, however, the Secretary of HHS may impose a fine of up to $10,000 for every knowing and reckless violation of the Act.

What is the Womens Health and Cancer Rights Act of 1998 (WHCRA)?

Sun, 01 Mar 2009 02:48:13 GMT

The WHCRA is a federal law that provides women with certain rights after they have had a mastectomy, which is most commonly the result of breast cancer, but may be the result of other health conditions, as well. If you are a woman who has had or will have a mastectomy, the WHCRA provides you with important rights and benefits.

If your group or individual health insurance plan provides for medical and surgical coverage for your mastectomy, your plan must also provide you with coverage for certain procedures and services related to your mastectomy. These services include reconstructive surgery and related procedures, such as surgery on the other breast so that they appear symmetrical, the costs of protheses, as well as treatment for certain complications that can result from having a mastectomy. The requirements of the WHCRA are applicable to all group health insurance plans.

The WHCRA does not require that any health insurance plans, however, pay for the costs of treatment and surgery related to a mastectomy. Thus, if your health insurance plan does not provide for such coverage, the WHCRA will not provide you with any rights or benefits.

Keep in mind, however, that there are certain limitations on the benefits available under WHCRA if you switch health insurance plans. For instance, a new health insurance plan under which you have coverage can deny you coverage for certain preexisting medical conditions for a specified amount of time before it is required to give you coverage for those conditions. However, if, for example, you have a mastectomy that is covered by a health insurance plan, and your employer then switches health insurance plans, the new health insurance plan must cover your reconstructive surgery if it normally covers mastectomies, and you are receiving coverage under that new plan. Therefore, if you must or want to switch health insurance plans for any reason, you should educate yourself about what services related to your mastectomy and/or related medical conditions will be covered, and when that coverage will begin.

The WHCRA also prohibits health insurance companies from denying you enrollment or renewal of benefits in order to avoid their responsibilities under the law. Likewise, insurance companies cannot provide physicians with incentives so that they avoid recommending services and treatments that would result in benefits under the WHCRA. Furthermore, your health insurance plan must send you an initial notice about your rights under the WHCRA, as well as notices on an annual basis thereafter.

While all states must abide by WHCRA, some states provide additional rights and protections related to mastectomy care and related services that go beyond the rights of the WHCRA. Therefore, you should always check with your state insurance department to see if there any additional rights regarding mastectomies to which you are entitled.

You can find more information about WHCRA by visiting the websites of the U.S. Department of Labor or the U.S. Department of Health and Human Services.

What rights do I have about the medical care that I receive?

Wed, 22 Apr 2009 02:03:05 GMT

You have a variety of legal rights about the medical care and/or treatment that you receive from your doctor, a hospital, or any facility providing medical services to you. Among these rights are the right to have information about the treatment that a healthcare provider is recommending for you, the right to consent to or refuse treatment, and the right to privacy in terms of your medical information and records.

First, if you are being treated by a healthcare provider for an illness, injury, or other medical condition, you have the legal right to be given certain information about your healthcare provider’s recommended course of treatment. For instance, if your doctor recommends that you take a certain medication, you have the right to information about why your healthcare provider has chosen the drug, facts about the drug’s potential side effects, dosage information, how it will affect your medical condition, and the likelihood that it will successfully treat your medical condition. Likewise, if your healthcare provider recommends that you undergo a surgical procedure, you have the right to information about the duration of the surgery, necessary surgical preparations, likely results of the surgery, any possible complications from the surgery, potential consequences if you choose not to have the surgery, and expected recovery time. Essentially, you are entitled to get all of the basic information about the course of treatment that your healthcare provider recommends, as well as any additional information that you might request.

Next, you have the legal right to consent to or refuse treatment for a medical condition. As long as you are competent to make decisions, and are not mentally incapacitated in any way, you have the right to make your own decisions about the medical treatment that you want, or don’t want, to receive. The bottom line is that you are legally entitled to make choices about your medical treatment. You have the right to decide whether to take a certain medication, whether to undergo surgery, and/or whether to begin a particular medical treatment.

Finally, you have a legal right to privacy with respect to your medical information and records under both federal and state law. No one has the right to access your medical information, including which medications you are prescribed, your diagnosis, or information about any surgery or treatment that you underwent or will undergo in the future. Unless you sign a written release of medical information form, your healthcare provider cannot share your medical information with anyone, even your spouse. There are some exceptions if you are a minor child, but if you are an adult, you are completely in control of your medical information.

However, there are some circumstances in which the law requires you to disclose personal medical information about yourself to third parties. For instance, in order to file a claim with your health insurance company, you normally must permit your healthcare provider to give the insurance company certain information about the medical services and/or treatment with which they provided you. If you are applying for a life insurance policy, Social Security Disability Insurance, or for leave from your place of employment under the Family and Medical Leave Act, you typically must disclose certain medical information upon request.

When Can a Parent Deny Medical Treatment to a Minor Child?

Fri, 29 May 2009 01:48:59 GMT

Every day parents face difficult medical decisions regarding their minor children. For example, parents need to decide when to seek medical care and treatment for their sick child or whether or not to vaccinate a healthy child. What seems like an easy decision for one parent is often a difficult decision for another parent.

Each parent draws on his or her own experiences, education and religious beliefs in making medical decisions for his or her child. But what happens when a parent makes the wrong decision? Can the state intervene to help the child?

When the State Can Make Medical Decisions for a Minor Child

State laws typically give much leeway to parents and allow them to make medical decisions for their own children unless their decisions endanger the life of a child. Many courts will allow a state child protection agency to make medical decisions for a child if:

The medical community is in agreement about the appropriate course of treatment for the child;
The expected outcome of that treatment is a relatively normal life with a reasonably good quality of life;
The child would die without the treatment; and
The parent is refusing consent for the treatment.

If any of the criteria described above are not present in a given case then many states will defer to the parent’s decisions regarding medical treatment for the minor child. For example, if a child has a terminable condition and several doctors are in agreement that treatment is no longer beneficial for the child then the parents have the right to refuse treatment and seek hospice care for their child. Similarly, if different doctors suggest different courses of treatment then the parent is entitled to choose which doctor’s advice to follow without fear of being charged with a crime in what is already a heart wrenching situation.

Possible Consequences for the Parent

A parent who denies his or her child necessary medical care could face the following consequences:

· Loss of custody. The state may find that the parent is neglecting the child and place the child in state custody in order to protect the child.

· Criminal charges. The parent may face child abuse, child neglect and / or assault charges for failing to provide the necessary medical care for the child.

Religious Beliefs are Not a Defense for Denying Medical Treatment to a Minor

Adults have the right to refuse medical care for religious or personal reasons. However, they may not impose religious practices or personal beliefs which endanger the welfare of a child on minor children. Instead, most states require parents to provide a reasonable degree of medical care for their children or else face legal consequences.

Children are entitled to protection. Often, that protection comes from their parents. However, when it does not then the state has the responsibility to step in and act in the best interest of the child until such time as the parent is deemed capable of protecting the child or the child reaches the age of majority.

Your Right to Medical Privacy: HIPAA

Thu, 06 Nov 2008 20:50:03 GMT

In 1996, Congress passed the Health Insurance Portability and Accountability Act, commonly known as HIPAA. The law has many different elements including the protection of health insurance when an employee loses her job and national standards for certain health care transactions. However, one of the best known sections of the law is the one that addresses a patient’s medical privacy.

What Does HIPAA Protect?

The privacy protections of HIPAA are found within the Administrative Simplification section of the law. The privacy rule has been in place since 2003. It provides specific rules about the dissemination of protected health information. Protected health information is defined as any information about the health status, provision of health care or payment of health care that can be linked to an individual. In essence, it means that there are now specific rules about sharing any part of a patient’s medical record or billing history.

How are the Privacy Protection of HIPAA implemented?

The law makes clear that covered entities (such as doctors and health insurance companies) must make reasonable efforts to ensure confidentiality of communications. A patient, for example, could request that all phone calls and written correspondence be directed to his or her home only and not his or her workplace. Further, the patient can request that no information be sent via e-mail.

Every covered entity must make sure that it has policies and procedures in place to protect patient privacy in accordance with HIPAA. Each entity must also have a point person who is responsible for the proper implementation of those policies and procedures.

What Are the Exceptions to HIPAA Protection?

If the information contained in the medical records is something that the health care provider or insurance company is required to disclose by law then HIPAA protection does not apply. For example, if a child’s medical records indicate injuries from child abuse then the health care provider is mandated to report that to the police in most states.

An individual is always entitled to the information contained in his or her own medical record or payment history within 30 days of making the request. Further, personal health information may be disclosed if the patient has given authorization for its release. For example, a doctor may share information with a person’s employer if he or she has prior authorization from the patient. The doctor does have an obligation, however, to only disclose the relevant information required to achieve the purpose of the disclosure.

What To Do if Your HIPAA Privacy Rights Have Been Violated

The law requires each covered entity to have a complaint procedure set up so that a patient who believes his or her rights have been violated can file a complaint. A patient may also file a complaint with the Department of Health and Human Services Office for Civil Rights.

The HIPAA privacy standards are meant to protect the patient and to allow the patient to control the disclosure of his or her own medical information. While some critics argue that the standards are too strict and make it difficult for concerned parties, such as relatives, to obtain important information, the law’s supporters argue that the law provides needed protection for patients. Whether you support or oppose the law, it is important to understand its provisions and how it applies to you.

Free HIPA- Health Insurance Portability and Accountability Act Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free HIPA- Health Insurance Portability and Accountability Act Articles

Free Health Benefit Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free Health Benefit Articles

Free Health Care Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free Health Care Articles

Free Health Care Law Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free Health Care Law Articles

Free Litigation Attorney Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free Litigation Attorney Articles

Free Long Term Health Care Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free Long Term Health Care Articles

Free Senior Health Care Articles

Thu, 26 Nov 2009 10:00:18 GMT

Free Senior Health Care Articles

Medical Care for a Child

Medical Care for a Child

Authorization for Release of Medical Records

How do I appeal the denial of a Medicare claim?

How to Change a Life Insurance Beneficiary

How to Deal with Medical Issues

How to Get the Medical Care That You Want When You are Unable to Communicate

How to Legally Prepare Yourself for Surgery

How to Revoke a Health Care Directive

Organ Donor Declarations

The Possible Limitations of Your Health Insurance Coverage

What are Good Samaritan laws?

What are my legal rights to confidential drug and/or alcohol treatment?

What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?

What is the Emergency Medical Treatment and Active Labor Act of 1985?

What is the HIPAA Privacy Rule?

What is the Patient Safety and Quality Improvement Act of 2005?

What is the Womens Health and Cancer Rights Act of 1998 (WHCRA)?

What rights do I have about the medical care that I receive?

When Can a Parent Deny Medical Treatment to a Minor Child?

Your Right to Medical Privacy: HIPAA

Free HIPA- Health Insurance Portability and Accountability Act Articles

Free Health Benefit Articles

Free Health Care Articles

Free Health Care Law Articles

Free Litigation Attorney Articles

Free Long Term Health Care Articles

Free Senior Health Care Articles

What is the Womens Health and Cancer Rights Act of 1998 (WHCRA)?