Benefits of HIPAA in The Health Industry, and The Need for Such Act in Jamaica

Introduction

Everyone is going electronic! This includes the Health Industry worldwide, and with the advent of health providers turning to more convenient, cost-effective ways of storing and accessing patients' medical information, it only makes sense that agencies would seek to ensure this is done safely. HIPAA is an acronym that stands for the “Health Insurance Portability and Accountability Act,” a privacy law implemented in the United States of America, designed to provide standards to protect patients’ medical information. HIPAA was developed by the Department of Health and Human Services, whose primary role is to safeguard the health of all Americans, regardless of economic or racial class. The rules set under HIPAA provide patients with not only access to their medical records but also give them a say in how they are utilized. HIPAA was officially introduced on April 14, 2003.

The Benefits of HIPAA and Its Relevance in Jamaica’s Health Sector

According to HHS.gov, the HIPAA Privacy Rule outlines the boundaries around the use and release of patients’ medical records and applies civil and even criminal sanctions for individuals who violate these boundaries. HIPAA gives patients autonomy in obtaining health care, and in the event their health information is misused, they have proper guidelines to seek reimbursement. Another highlight of what HIPAA does is provide patients with the right to view, hold a copy of, and even demand adjustments to their health records. In hindsight, this Privacy Policy puts the power in the patients’ hands and takes autonomy to a whole new level.

HIPAA hosts its “Security Standards” which govern the security of access control to patient information, monitor and can map document actions, and also provide regulations to ensure that the staff handling patient records is properly trained. The implementation of HIPAA has changed the way healthcare workers view patients’ information and not only holds them liable for unfair practices but also ensures that every member of the team understands the importance of safeguarding patients' medical records and educates staff on the exact ways to achieve this. HIPAA training in the US is required by law, and this reduces the chances of legal actions being taken against the business. It can therefore be said that HIPAA is beneficial to all stakeholders in the health industry.

In Jamaica, there is currently no act such as HIPAA that has been implemented to protect the data collected from patients. However, the somewhat good news is that in October of 2017, a bill for privacy and data protection was introduced, the “Act to Protect the Privacy of Certain Data and for Connected Matters”. However, for this bill to become a law in Jamaica, it must successfully pass through the Senate and Jamaica House. If passed, this law will govern, similar to HIPAA in the USA, personal data, such as medical information. The bill contains requirements or standards for the processing of personal data, such as not collecting more information than is needed, the timeline in which data collected should be retained, and ensuring it is accurate and kept up to date. The bill covers many important points in data protection; however, it is still a bill to date and has not been passed. Until this bill becomes the Data Privacy Act of Jamaica, persons who misuse patient records and who partake in unfair practices cannot be held accountable, and legislative actions cannot be taken against them. This therefore leaves patients defenseless and also lowers the standards expected of health care workers.

Conclusion and Recommendations

With what was said above, my recommendations to Jamaica are that there should be an urgency in passing the bill before this year ends, and also that once it is passed, it should be mandatory that all healthcare workers are trained in Data Protection and Privacy. Additionally, the public should be made aware of their rights so that the standard of healthcare in Jamaica can be on par with that of countries that have set the bar. Implementing a robust privacy law will not only protect patient information but also foster trust between healthcare providers and patients, which is crucial for effective healthcare delivery.

References

1. Department of Health and Human Services. (n.d.). Understanding HIPAA Privacy. Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/index.
2. Government of Jamaica. (2017). Act to Protect the Privacy of Certain Data and for Connected Matters. Legislative Document. Retrieved from http://www.japarliament.gov.jm/attachments/article/1501/The%20Data%20Protection%20Act,%202017.pdf
3. U.S. Department of Health and Human Services. (2003). HIPAA for Professionals. Retrieved from https://www.hhs.gov/hipaa/for-professionals/index.