Rights?              Wrong

March 15, 2005

MYTH: One doctor's office cannot send a patient's medical
records to  another doctor's office without patient consent.
FACT: No consent is necessary.

MYTH: Doctors cannot communicate with patients by e-mail.
FACT: E-mails, with proper safeguards, are permitted.

MYTH: A patient cannot be listed in a hospital directory
without consent and the hospital cannot share that
information with the public.
FACT: Hospitals may provide a patient's name, location
and general condition to the public unless the patient
specifically opts out.

MYTH: Clergy members are not entitled to information about
hospitalized members of their religious affiliation unless
they know the person by name.
FACT: Clergy are entitled to this information unless the
patient objects.

MYTH: Patient information cannot be shared with family
members without patient consent.
FACT: Relevant information may be disclosed to relatives
or friends named by the patient.  In case of emergency or
patient incapacity, the doctor's "professional judgment"
prevails.

MYTH: Family members may not pick up a patient's
prescriptions.
FACT: Relatives or friends acting on patient's behalf
may pick up prescriptions, but some pharmacies may
prohibit this on their own.

MYTH: Patients can sue health-care providers for not
complying with HIPAA privacy rules.
FACT: Patients cannot sue. They can file written
complaints with the federal Office for Civil Rights.

MYTH: Patients' medical records cannot be used for marketing.
FACT: HIPAA permits the use of medical information for
certain health-related marketing, such as a plan's health-
related products or alternative treatments.

MYTH: If a patient refuses to sign a form acknowledging
receipt of privacy practices, a doctor or hospital can
refuse treatment.
FACT: The law does not allow this.

MYTH: HIPAA makes hospital fund-raising almost impossible.
FACT: Hospitals, with patient permission, may use or
disclose basic patient information for fund-raising, but
patients must be given the option of declining future fund-
raising communications.

SOURCE: The Health Privacy Project