Framework 1 - HIPAA Privacy Rule
The Health Insurance Portability and Accountability Act (HIPAA) privacy rule is a federal law that protects sensitive medical information from unauthorized access, disclosure, and misuse. It applies to healthcare providers, insurers, business associates, and anyone else who handles protected health information. Under HIPAA, individuals have certain rights regarding their personal health data, including the right to be informed about how their information will be used and shared.
Protected Health Information (PHI)
Under HIPAA, PHI includes any individually identifiable information created or received by a covered entity, relating to the individual's past, present, or future physical or mental health condition, provision of health care services, or payment for such services. This includes information collected during treatment, payment, and administrative activities.
Disclosures Allowed Without Consent
There are several circumstances under which a covered entity may disclose an individual's PHI without obtaining consent. These include emergencies when there is imminent danger to life or health; required reporting of abuse, neglect, or domestic violence; judicial or administrative proceedings; public health surveillance; national security threats; research approved by an Institutional Review Board (IRB); and other exceptions specified in the regulations.
Notice of Privacy Practices
Covered entities must provide a notice of privacy practices containing information on how they collect, use, and share PHI. They must also provide patients with an opportunity to agree or object to sharing their PHI for purposes of treatment, payment, and healthcare operations. If patients do not object, their consent is deemed implied unless they opt out through the Notice.
Individual Rights
Patients have several rights under HIPAA, including access to their own PHI; request amendments to incorrect information; request restrictions on disclosures of PHI; receive confidential communications; file complaints about violations; and be informed if their PHI has been breached.
Penalties for Violations
Violations of HIPAA can result in civil monetary penalties of up to $250,0000 per violation, and criminal fines and imprisonment for willful negligence.
Framework 2 - FERPA
The Family Educational Rights and Privacy Act (FERPA) protects student education records from unauthorized disclosure without consent. It applies to institutions that receive federal funding and requires them to maintain accurate, private, and secure records.
Student Information
Under FERPA, "education records" are those directly related to a student's educational activities, including grades, attendance records, disciplinary actions, and personal identification numbers. The term does not include general directory information such as names, addresses, phone numbers, email addresses, or photographs.
Consent Required for Disclosure
Disclosures of education records require written consent by the student, with certain exceptions such as disclosures to school officials with legitimate educational interests; compliance with court orders or subpoenas; requests for directory information; and other situations specified in the regulations.
Parental Rights
Parents have limited rights under FERPA unless they provide written authorization allowing access to all education records.
Parents may inspect and review their child's records if the student is a dependent as defined by IRS rules.
Penalties for Violations
Institutions that violate FERPA may be subject to civil damages, injunctions, attorney fees, or loss of eligibility for federal funds. Individual employees who knowingly disclose confidential information can be fined up to $50,0000 or imprisoned for up to one year.
Framework 3 - HIPAA Privacy Rule vs. FERPA
While both HIPAA and FERPA protect PHI, there are important differences between the two frameworks. HIPAA applies only to healthcare providers and insurers, while FERPA covers educational institutions. HIPAA allows for more extensive disclosures without consent than FERPA, but provides greater privacy protections overall.
What frameworks best address the psychological and ethical impact of forced disclosure of identity?
The issue of disclosing one's identity is not only about revealing information but also about experiencing the reactions of others. Identity plays an important role in how people perceive themselves and their relationships with other individuals. Forced disclosure can have both positive and negative effects on the individual's mental health. It can lead to feelings of anxiety, stress, and even trauma. The social norms that govern identity disclosure may vary across cultures and communities.