THE MORE THINGS CHANGE . . .

When I opened my mail yesterday, I found a notice from my health insurance company labeled, “Important health and health benefits information.” Although it came as a post card that was easy to miss, lose or throw away, I have been reviewing the new health law prior to publication of a legal guide, regarding it, so I decided to read the notice. Most of it involved things like their interpretation of the Women’s Health and Cancer Rights Act or how to choose a doctor online. There was a last section, however, that most people are unaware of, believing that HIPAA protects their privacy.

HIPAA does, in fact, protect patient privacy when it comes to “providers” (physicians, nurses, pharmacists, etc.). Like most laws in this country, though, the insurance companies get a nearly free ride. They proceed in the postcard to explain that they share your personal and “protected health information” with:

1. Health Care Providers,

2. Payors,

3. Other Insurers (of ANY kind),

4. Third party administrators,

5. Vendors (yes, they can give your information to other companies they deal with),

6. Consultants (whoever THEY consider to be consultants),

7. Government Authorities and their respective agents (whatever the government wants to know, they tell them; perhaps even without a warrant).

They then proceed to discuss all the ways in which your personal information is used, eventually ending with the statement that “[w]e consider these activities key for the operation of our heath plans . . . [and] we use and disclose personal information . . . without member consent.”

Isn’t it nice to know that while you were all worried about “government medicine,” our beloved insurance companies have retained the right to do as they please without recourse? The more things change, the more they stay the same.