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Alyssa Nichelson
Bennett
12th Lit/Comp
16 September 2011
The Price of Privacy
In 1996, one of the biggest medical laws was passed. The HIPAA law, otherwise known
as the Health Insurance Portability and Accountability Act is a law to make sure that everyone’s
medical records are kept in confidentiality between the doctor and patient (Campanelli). Even
before the law was passed, the Office for Civil Rights (OCR) within the Health and Human
Department were working on getting a law to protect patient’s rights (Campanelli). Thelaw is
also used for efficiency for the healthcare system (Campanelli). HIPAA law has many points and
explanations; overall privacy and the different kinds, patients’ rights and responsibilities, private
insurance plans, the “headache” of the law, and employee health insurance.
First off the patients’ rights and responsibilities are a big part of the law. The patients
have responsibility to their medical records and not to be expected anymore rights than anyone
else (Hopkins 9). HIPAA allows patient’s to have access to their own medical records when they
choose to ask for them (Hopkins 9). There is no discrimination to any patient, so no matter what
race or color, they also have the right to their medical records as well. Also, the law says that no
patient is required in any medical studies if they choose not to partake in any (Hopkins 9). Most
hospitals have the same policies to their patient’s responsibilities like giving correct information
like, name, address, date of birth, etc. Also giving their Social Security information and to make
sure everything is good with their insurance carrier as well.

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The HIPAA law defines the different types of privacy a patient has a right to regarding
physical privacy, informational privacy, and decisional privacy (Allen 2120). The definition of
privacy basically means being left alone. Physical privacy is defined as a solitude conductive
peace of mind and intimacy (Allen 2120). There are different types of searches that criminal
officers rely on; body cavity searches prison-cell searches, and electric monitoring of
probationers (Allen 2120). Physical privacy is inconsistent with the demands of modern
healthcare (Allen 2120). The patients who are willing to get involved in the touchiness are
risking having better health (Allen 2120). Another type of privacy is informational. This type of
privacy is required limits on the accessibility of personal information (Allen 2121). The purpose
of this type of privacy is based on mostly he doctor and patient and their medical information
(Allen 2121). It also states that between this privacy that the patient is allowed to talk about
genetic ties and health disabilities with their physician (Allen 2121). This is a very important
type of privacy that mostly all doctors follow as well as the patient. Decisional privacy concerns
individuals, families, domestic partners and are typically can make decisions based on personal
conduct (Allen 2123). It also means that a patient can make his or her own decisions based on
their self without the consent of anyone in a particular matter and can only act on that decision if
he or she chooses to. (Allen 2123). This type of privacy deals with different conflicts. Some have
disagreements between the “right to decide” and the “right to choose” (Allen 2123). But the
HIPAA law does state that the patient has the right to do whatever he or she would like to do and
it should be respected by all medical professions even if they disagree with the patient.
Another part of the HIPAA law, is that people have a right to private insurance plans. The
definition of a private insurance plan includes all forms of health insurance that are not funded
by the government (Fallon 1203). Most private insurance plans can be organized by an

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individual or a group basis (Fallon 1203). There are several types of health insurances in the
United States; Indemnity Plans, Preferred Provider Organization (PPO) Plans, Health
Maintenance Organization (HMO) Plans, Long-term Care (LTC) Insurance, and Medigap
Insurance Plans (Fallon 1204). The indemnity plan is a plan that allows beneficiaries to choose
any physician or hospital when they need medical help (Fallon 1204). Most of these plans have
an amount that the policyholder has to pay before it covers any cost (Fallon 1204). After all of
the deductibles have been paid the plan pays a co-insurance and then the provider pay the rest of
the fee (Fallon 1204). The PPO plan is like an Indemnity plan but it offers a list of physicians
and hospitals that the patient has to choose which most beneficiaries to him or her and to receive
the plan’s maximum benefit (Fallon 1204). Most of the plans tend to be less expensive than the
indemnity plan and to get more people in this type if insurance policy (Fallon 1204). The HMO
or Health Maintenance Organization plan has a small co-pay and costs $5 to $10 per visit and the
insurance plan covers the rest (Fallon 1204). In most cases the patient chooses a physician who
takes care of all health needs. Long-term Care, (LTC) is the type of insurance plan is intended to
cover the cost of custodial or nursing home care (Fallon 1204). This plan of insurance is the most
expensive and most people should not get this type of plan. The Medicare plan does not offer
complete insurance protection but Medigap is insurance that is intended to supplement the
Medicare coverage (Fallon 1204). 10 benefit packages are included in this plan going from A to
J and are available in most states and the District of Columbia (Fallon 1204). Medigap policies
pay most or all of the co-insurance amounts charged my Medicare and Medigap policies cover
Medicare deductibles.
One of the downsides to the law is that there is always a “headache” about it. Most of the
problem is whether or not the patient’s medical information is protected most of the time (Hall).

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The whole idea of the law was to make it simple, but has made it the most difficulty all
physicians face (Hall). Also most argue that it is not accountable that of course, providers can tell
the patient all their rights but does not forbid disclosures without patient consent (Hoffman).
Another argument is that most of the medical information on patients is electronically
maintained and lacks specificity and does not provide much guidance (Hoffman.) Many think
that the law should be practiced more throughout the United States and physicians and patients
should obey more by the law then just say that they are going along with it (Hoffman). Others
argue that whatever the patient wants, is what how it should be and he or she should get a say
whether they want medical attention or not (Hall). In this part of the law, most people get uneasy
and worry whether or not their medical records are actually being kept private and not shared
with other than his or her physician and not with other doctors unless they ask permission under
any circumstances.
The employee health insurance transaction can be difficult if not taken care properly.
Prior to World War II very few American companies provided their employees with health
insurance (Wilson 422). There were not enough workers back then because of the war so not
many people got the insurance that they needed so it got difficult with the economy (Wilson
422). There was also taxation that if an employee that had health insurance did not have to pay
health benefits with their company (Wilson 423). There are 5 types of coverage people can have:
Health insurance provided by an employer, individual insurance policies purchased in the private
market, Medicaid, Medicare and military or veteran’s insurance (Wilson 424). The most people
with the higher rate of insurance with are ages 65 and up because they are illegible for Medicaid
(Wilson 424). Different types of insurances vary between the different ages, which unlike
younger and elderly people do not qualify for the employer- based insurance. HIPAA is a helpful

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source to anyone who switches jobs and those have employer health insurance and can switch
with ease with purchased health care (Wilson 245). HIPAA gives the elderly people to have
better health insurance for when they decide to retire (Wilson 425).
The HIPAA law was passed in 1996 and contained many different points in the law itself;
the diverse kinds of privacy, the patient’s rights and responsibilities, many types of private
insurance plans, the “headache” of the law and employee health insurance. The law is to make
sure that every patient’s medical records are just kept between the patient and physician. People
have to follow the different types of privacy that there is between health and other types. The
most important thing is to listen to the patient at all times and let them make their own decisions.
Many choose to take a private insurance plan that is not funded by the government or without
them knowing about it. There are many problems within the law, but that is why most people
must obey it. Insurance go up once they get older and want to retire but with the HIPAA law can
help them out. The HIPAA law is a good law because it is all about privacy and people and what
would everything be like without privacy?