Why Change HIPAA?

As described on the U.S. Department of Health and Human Services website, http://www.hhs.gov/ocr/privacy/, HIPAA (The Health Insurance Portability and Accountability Act of 1996) prevents parents, family members or friends from gaining medical information about their legally adult-aged children (which is age 16 in PA, NJ and several other states), regardless of addiction or psychotherapy histories, unless that child/individual grants permission. This tenet persists despite the fact that parents are now permitted to cover children under their health insurance until age 26.

In a July 2007 New York Times article entitled, “Keeping Patients’ Details Private, Even From Kin,“ Jane Gross reports, “HIPAA was designed to allow Americans to take their health insurance coverage with them when they changed jobs, with provisions to keep medical information confidential. But new studies have found that some healthcare providers apply HIPAA regulations overzealously, leaving family members, caretakers, public health and law enforcement authorities stymied in their efforts to get information.“

“Many young addicts make deliberate efforts to hide their medical records from family as to cover up their drug use,” Gregg Wolfe, Justin’s father, said. "If we had known Justin was using heroin, we could have taken steps to help save his life."

For more information on HIPAA, visit http://www.hhs.gov/ocr/privacy/