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Do you believe HIPAA is too restrictive, not restrictive enough? Explain.

Do you believe HIPAA is too restrictive, not restrictive enough? Explain.

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Ans)The right to limit the uses and disclosure of medical information. This includes limitations that can cause significant practical problems.

- For example, a patient may not want her diagnosis of cancer disclosed to a payer out of fear the information could reach her employer. If she is estranged from her family, she may not want any information (e.g., her phone number) disclosed to her siblings.

- A patient could also refuse to allow you to report data to his health plan for quality assurance purposes (which is otherwise protected under the definition of “operations” for which you do not need consent).

- Although this is a patient's right under HIPAA, reporting such data is also a requirement of most managed care contracts and something you will have to take into account during future negotiations.

- You are not obligated to agree to patients' restrictions, nor must you care for patients whose restrictions would interfere with their treatment under HIPAA.

- The real problem arises when a patient with whom you have an established relationship restricts use or disclosure.

- If you agree to the restrictions, you must document them and abide by them. If you don't agree to them, the patient will either have to relinquish the request or look elsewhere for care.

- If the patient chooses the latter, you will have to adhere to your basic common law responsibilities of non-abandonment.

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