HIPAA aims to make health insurance coverage more portable and also provide continuity in health care coverage.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) seeks to ensure that you have portability and continuity of health insurance coverage. It also provides privacy for your health records. While HIPAA provides some health care coverage protections for Americans, it is not without its drawbacks. For instance, it does not require employers to provide health care coverage.
Enforcement
Even though HIPAA provides rights, there is a perception that the government does not really enforce the law against the institutions and individuals who go against the HIPAA privacy rules. The recourse for an individual is to file a complaint with the United States Department of Health and Human Services, which is the agency that enforces the HIPAA provisions. In 2009, the government's Health Information Technology for Economic and Clinical Health (HITECH) Act tightened HIPAA enforcement, though, and has increased penalties for violations. HITECH aims to move the health care industy nationwide toward electronic systems to control costs and provide better care.
Sharing of Information
Health care companies often contract with outside providers for services such as medical billing. These contractors have access to your patient records in order to perform their job duties. HIPAA doesn't require you to provide your permission for this sort of access to your information by third parties. Health care companies often have agreements with their service providers to keep the information confidential, however. And the HITECH changes also created some liability for such service providers.
Change of Employment
There are also drawbacks to HIPAA protection in a change-of-employment situation. If you move to a new job, your new employer does not have to immediately provide health insurance coverage. There could be a general waiting period for health benefits to begin. Typically, this ranges from one month to six months.
