The Health Insurance Portability and Accountability Act (HIPAA) regarding privacy regulations went into effect on Apr. 14.  Many have been concerned as to how this act will affect South Carolina Baptist church ministries to those in health care facilities.

HIPAA is a privacy law that protects patients in many ways.  It requires a patient’s consent before doctors disclose data to anyone other than doctors or providers for treatment, payment or healthcare operations.  It holds violators accountable through civil and criminal penalties and allows patients to request further restrictions on medical disclosure.

HIPAA has three major purposes:  to protect and enhance the rights of consumers to access and control their health information; to improve and restore trust in health care systems in the United States; and, to make the effectiveness of health care delivery more efficient by creating a national framework for health privacy protection.

The HIPAA regulation was enacted in response to the inappropriate use of health information in the past, including the marketing of pharmaceutical products, termination of employment and termination of services.  By enacting this rule, your health information can no longer be shared or sold for such purposes without consent.  You now have more control over who knows what and who has access to your health records.  Your health information can be shared with health providers and others only with your permission (unless it is for treatment, payment or other healthcare operations).

This presents good and bad news for church ministries.  The good news is that church members are now being protected, but the bad news is that church members are possibly being protected from their own churches as well.

Some health care facilities may provide patients the option to release information to the church, family or friends of their choice.  A code system may be established to activate this option by the patient’s choice.  This may become an option at some health care facilities, but probably not at all facilities.

Many questions and concerns related to the privacy act have been raised - including sending personal prayer letters to hospitalized church members, posting room numbers, bulletin and prayer room notices.  It is important to note that the church does not fall under any of the HIPAA regulations.  Church members who become patients can provide whatever information they wish to the church at any time prior to, while being admitted to or after discharge from a health care facility.

Churches should be cautious, however, when dealing with patients in a health care facility.  If information at health care facilities is not provided, even with a patient option or code, do not violate the patient/church member’s right to privacy.  Make sure you document where you received information regarding patient information, whether it was from the patient or second-hand.  Keep information about a patient at a health care facility minimal.  A church can show it cares and still provide ministry without the total exposure of a patient’s condition, medical procedure or diagnosis.  Be respectful! Yes this may interrupt old ways of ministering, but it just might be best for the patient/church member.  As a pastor, keep records of the date and times you visit hospitals or care facilities to validate you visited those you knew to visit at each health care facility.  If a church member were to be concerned as to why you did not know to visit (because of the privacy act), your records could be helpful.

For more information on HIPAA or how it relates to South Carolina Baptist churches, contact Robert Grant by phone at (800) 723-7242, ext. 4920, or by email.