In a nutshell, the USA-only HIPAA (that's HIPAA with two A's) regulations
establish that:

(1)  The PATIENT is to be the master of his or her "protected health
information (PHI)"

(2)  So that the only way a "covered entity" can ever share information
about an individual is if it is required (i.e. a subpoena) or authorized by
the individual.

(3)  BUT there is also a loophole (which I have termed the pothole, as it is
so big).  A "covered entity" can share "PHI" with any other "covered entity"
if it is for "treatment, payment or health care operation."

(4)  AND you do not need prior written consent from the individaul to do
that.

(5)  Meaning that health care providers can freely exchange all sorts of
information about a patient so long as it is to discuss the case, or get the
insurance co. to pay for it, etc.

(6)  The HIPAA sections for psychotherapy are more complicated, because of
the nature of the professional relationship.

(7)  A health care provider cannot "retaliate" against a person who
exercises their rights under HIPAA (i.e. they can't withhold treatment if
you file a HIPAA complaint against them).

See http://www.hhs.gov/ocr/privacysummary.pdf

Liz Brooks, JD, IBCLC
Wyndmoor, PA, USA

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