Hefty fines, prison time for violators
New federal law aims to guard your privacy

By Lorraine Simpkins

If you have seen a doctor or filled a prescription since April 14, you probably were asked to read and sign some new, confusing forms.

If you asked for an explanation, your doctor’s office staff may have mumbled something about “HIPAA” requirements. And you probably received at least one “Notice of Privacy Practices” from your health insurance company.

HIPAA stands for the Health Insurance and Portability and Accountability Act, a federal law that contains important privacy safeguards for personal health information, which includes any individually identifiable information relating to your medical condition, treatment, or payment for that treatment.

Health plans, providers and certain others such as billing services must comply with these privacy safeguards. The law also requires your employer to protect the privacy of enrollment information they collect from you for health insurance purposes.

If they disclose your health information without your authorization, they could face a fine of up to $250,000 and 10 years in jail.

Know your rights
HIPAA also gives you new rights regarding your health information.

For example, if you were a victim of domestic violence, you could ask your doctor to call you only at work, so your spouse wouldn’t know you were receiving medical care.

Generally speaking, you should be able to get copies of your medical records and ask providers to correct any errors you find.

Pharmacies and health plans must get your permission before disclosing your personal information for marketing purposes. Health plans, providers and other covered entities must inform you about their privacy practices, and must train their employees to observe these practices.

If you believe someone has violated your privacy rights, you may file a complaint with the US Department of Health and Human Services. A fact sheet with instructions is available from HHS which explains how to file a complaint.

State tightens privacy rules
The NYS Department of Civil Service also has made changes to protect the privacy of state employees’ personal information, and to inform them about these protections.

A “Notice of Privacy Practices” is posted on the Civil Service Web site.

A universal form for “Authorization for Release of Health Information” is also available on the site for downloading. It can be signed and submitted to the Empire Plan or any HMO to give them permission to release personal health information, such as when you ask PEF Health Benefits staff for help resolving a claim problem.

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Inside This Issue:
Features
Lawmakers override all 119 budget vetoes
Set state safety, security standard
Thank your legislators

Departments
President's Message:Our work continues
You Said It: Member's letters this month
PS&T Contract Update: Pay hikes hot topic
Member Highlights;Keeping up the good fight
Retirees In Action: New officers take the reins
PEF Membership Benefits Program & Travel Corp
Nurses' Station:
- Derail unsafe staffing, put laws on the fast track
- Roswell Park honors nurses
- Nurses conference addresses timely topics
Legislative Action:
- Union presses lawmakers on contracting out
- Legislature passes 11 bills PEF supports
- Don’t let feds shortchange NY
Health Benefits:
- Feds aim to guard your privacy
- College students need shot in arm
- HMO applied wrong rule for disabled kids

Union Matters
PEF, OASAS train workers for emergencies
EAP Coordinator earns Quality Service Award
Making state park system a summer delight
Pre-Tax Transit pilot put on hold
Balloting brings 13 newcomers to E-Board
Convention 2003: Delegate preview
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