A new federal law that will impact ministers and laypeople who attempt to visit patients in hospitals and nursing homes is now in effect.
Effective April 14 this year, an extension of the Health Insurance Portability Act of 1996 tightens the rein on information that medical personnel and volunteers are allowed to release about patients.
Bobby DuBois, associate executive director of the Alabama Baptist State Board of Missions, said that if a pastor, church or Sunday School member, for instance, visits a hospital the person at the information desk is no longer allowed to give specific information regarding the patient. This applies to all hospitals, whether they are owned by a charitable, nonprofit, denominational or public entity.
“Ministers often go to the [hospital] desk and ask for the room number of ‘Mrs. Johnson’ without knowing the first name. The volunteer or staff person will usually read off the Johnson names until the name is recognized and then give the minister the room number,” he said. “But with the enactment of the expanded version, ministers must know and give the full name of the patient, exactly as it appears on the hospital census.” Nicknames or partial names don’t count and the minister will likely be told there is no one there by that name.
“The ministers’ task is about to get even more complicated. The truth is that this not only applies to ministers, but to everyone else as well,” DuBois said. “It will have an impact on doctors’ offices too. It will definitely affect hospitals more than churches. It will have a far-reaching effect on the release of medical information by any health care provider.”
When a person, whether a church member or not, enters a hospital as a patient they have the right to have their name withheld from the hospital census. If this is chosen, no information — not even status, room number or condition — can be released, not even to family members.
DuBois recommends that church and staff members planning to visit a patient have the full name and room number of the patient before they step through the hospital door. A solid means of communication directly between the sick and their families and the church is increasingly important. Asking that members contact the church office with specific information about their illness, if they’d like to, can give concerned church members a smoother time of visiting them in the hospital.
“We can share that a person is in the hospital, but we must use caution in telling the reasons for the hospitalization unless the patient gives permission for detailed information to be shared,” DuBois explained. “This especially applies to forwarded e-mails to persons outside the building or e-mails we receive from outside the building.
“You can expect a lot of complaining about this law as it works its way into the medical treatment process. You need to understand that doctors’ offices and hospitals must comply or face stiff fines and penalties,” DuBois said. “If you are denied medical information on a patient, don’t shoot the messenger. The front desk nurses or hospital volunteers are following instructions as given to them by our lawmakers.”
According to the United States Department of Health and Human Services (DHHS), the act protects patients from unsolicited marketing based on their medical information.
Congress provides civil and criminal penalties for entities that misuse personal health information. Civil violations can be up to $100 per violation, totaling $25,000 per year for each incident.
Criminal penalties can be up to $50,000 and one year in prison for certain offenses, and up to $100,000 and up to five years in prison if the offenses are committed under “false pretenses.” For the intent to sell, transfer or use protected health information for commercial advantage, personal gain or malicious harm, the penalty can be up to $250,000 and up to 10 years in prison.
For more information the DHHS and the law call 1-866-627-7748 or visit www.hhs.gov/ocr/hipaa/assist.
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