"If my college calls my dentist asking if I had an appointment, is that information protected by privacy laws?"
Privacy In the Dental Office
Your right to privacy in the dental office is something many people don't fully understand. Your personal information, including facts about your health, oral condition, future treatment, etc. may be shared without your knowledge. Does that thought frighten you?Sharing information in the dental office typically occurs when your dentist consults with a colleague about how to treat your oral condition or when the office staff submits information to your insurance provider in order to plan for future treatment, or collect money for treatment that has already been completed.
Your Right to Privacy Is Law
The HIPAA Privacy Rule was established to protect your personal information on a federal level, by setting standards and regulations for health care providers to follow on how to share your personal information responsibly. The rule protects pertinent information about you, such as:
- Any information documented in your patient record, by the dentist, dental hygienist, dental assistant or administrative team.
- Conversations about you, made between health care providers.
- Your billing information.
- To coordinate treatment and care, for example if you are referred to a dental specialist for treatment.
- To pay doctors and hospitals for your health care and to help run their businesses.
- With your family, relatives, friends, or others you identify who are involved with your health care or your health care bills, unless you object.
- To make required reports to the police.
- Limiting use and disclosure of your information to a level that will responsibly accomplish the ask for which the information is necessary.
- Implementing contracts for contractors, to ensure your information continues to remain protected.
- Establishing training programs for employees to learn about privacy laws, and how to effectively protect their patients information.
Understanding Privacy From Day One
When you become a patient at a new dental office, you will likely sign a document that gives your consent for the office to share your information. If you have been a patient with the same dentist for a number of years, it may be in your best interest to discuss what information about yourself, and your family, is being shared. Even though there are clear privacy laws in place that protect your information, it is very important for you to fully read, and understand the terms of the consent form before you sign it. Now, that brings me to my forum member's question. Can his dental office release information about his appointment with his college? According to the governments website, your information can't be shred without your written permission--unless the law allows the information to be shared, as noted above. Your dental office may not share information with your employer, for marketing or advertising purposes, or disclose private notes about you, without your written permission. So in the case of the college student and the dentist, the answer depends on whether or not he signed a consent form. Technically, his information is protected under HIPAA Privacy Rule, but if he signed a consent form releasing that information, his dental office may be able to share that information with his college.Protecting your privacy is invaluable. Always ensure that you are clear in regards to the terms of any consent forms you sign, and feel free to discuss your concerns with your dentist or the office administrator. If you believe that your information may have been shared inappropriately or was violated under the HIPAA Privacy Rule, you may file a complaint with the agency. Ultimately, being in control of your information and understanding how it is used is your best defense against privacy violations in the dental office.
Sources:
U.S. Department of Health and Human Services. Health Information Privacy. http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html. Accessed May 26, 2010.
