Financial privacy is protected by a series of laws that
govern collection and access to information. A given request
for records might be impacted by financial privacy laws as
compared with HIPAA regulation.
| Action |
Financial
Privacy |
Medical
Privacy
under HIPAA |
Genetic Implications |
| Send offers of service/or products to a qualifying individual
|
Available unless blocked by person; example offer of
credit card in mail |
Vendors can get list of prescription holders and market
a generic or comparable drug since no clear rules exist
from federal government |
Unclear if a firm can request disease susceptibility
genes from a medical record if a gene test is in their
record |
| Person asks to see their own record |
Credit bureau provides access and sends copy of record,
sometimes assessing a charge |
Health provider has to provide access; with exception
to mental health counseling notes |
|
| Person feels there is an error in record |
Credit bureau is required to review and include person’s
protest if not revised |
Health provider must review and put in person’s
protest if not revised |
|
| Person wants their record released to potential employer
or insurance company |
Anyone can check if they subscribe to credit bureau |
Covered health entity gives out record if patient authorizes
file request |
If a genetic test is in the record it goes out to the
employer or insurance company |
| Person wants to know who asked for or was given their
record |
Credit bureau is obligated to tell consumer who sought
their record |
Health provider must keep record of who asked and who
received information. Obligated to tell patient who asked
within past 6years. |
|
| Person seeks job and potential employer wants to know
what is in person’s record. |
No restrictions to those subscribing to credit bureau
service |
Health provider is obligated to disclose only relevant
information for job not whole file |
Genetic testing results in record are also available
for review by employer |
| Person applies for life or health insurance and signs
record release form |
Insurance company can ask and obtain credit record in
most states |
Records are released to insurance and request is noted
by health provider |
Medical Information Bureau in Boston
keeps record of result of insurance application including
any genetic testing results |
| A person wants to snoop about someone else’s credit
or health frailties |
No restrictions for anyone working in the loan approval
or credit field |
Not permitted under HIPAA, only those who need data
to do their health care job |
|
