Hipaa Start Date
hipaa start date
If my doctor doesn’t ask me to sign a HIPAA form, am I still protected by the provisions of HIPAA?
If I am not, and I believe that my rights have been violated already, is it in my best interest to sign a HIPAA form that is back-dated to the day that I started seeing a particular doctor?
The HIPAA law requires all healthcare provider to provide patients with the Notice of Privacy Practices (NPP). This notice is very similar to Privacy Notice that you get from your bank, utilities, etc. It basically states that they’ve obtained your private information and will only use these type of information about you in a legal manner. However, unlike the privacy notice you get with your bill or bank statement, the HIPAA law also requires that each healthcare provider must be able to provide proof that they did give their patients this notice. Most providers will come up with some types of form for patients to sign that they have receive the NPP.
In regards to your question for the “HIPAA form.” I’m 99% sure that it’s the form you sign when you receive the NPP. (There are many other HIPAA forms that large healthcare provider like hospital use to be in compliance in other area of HIPAA ie, Authorize to use/disclosure of Medical Information, Request to access medical records, Request to make an amendment in medical record, etc.) Since you didn’t sign the form, I’m assuming that you didn’t receive the NPP either. If that’s the case, your doctor has already violate your HIPAA rights. Though, it sounds like you’re concerning about some of other of your HIPAA rights that your doctor has violated.
Whether you signed the form or not, your are still covered under HIPAA and has every right to exercise your rights. One word of caution, the law only allows you to make a complaint (see link below), but not to sue. Though, experienced attorney can probably use HIPAA as example to sue under different laws.
http://hhs.gov/ocr/privacyhowtofile.htm
Good luck!
EHR: Medicare Incentive Program Attestation Webinar for Eligible Professionals
