Privacy regulations do not prohibit prayers, visits
Privacy regulations do not prohibit prayers, visits April 20, 2004 A UMNS Report By Amy Green* New
federal regulations meant to protect patient privacy have prompted
clergy to re-examine privacy concerns in their congregations. But the
regulations, part of the Health Insurance Portability and Accountability
Act, are so vast and new they have caused widespread confusion. Here
are some things to remember: - The
law was approved in 1996 to address health insurance issues. Its
privacy regulations direct health plans and providers — not clergy — in
how to share patient information. They do not prohibit clergy from
visiting patients or praying for them with their congregations.
- The
new rules do prohibit clergy from sharing patient information without
consent when clergy are employed by hospitals as chaplains or churches
that provide mental health services.
- Traditional
pastoral counseling provided at no charge does not make a church a
health provider subject to HIPAA’s privacy regulations.
- HIPAA
is not the only law regulating the disclosure of private information.
In general, less information is better when sharing prayer requests with
congregations. When possible, it is best to get consent from
parishioners before sharing anything about them.
- More information is available at http://answers.hhs.gov and http://www.gcfa.org/hipaa_privacy_rule.pdf online.
Source: The Legal Department of the United Methodist Church General Council on Finance and Administration.
*Green
is a freelance journalist based in Nashville, Tenn. News media can
contact Kathy L. Gilbert (615)742-5470 Nashville, Tenn. or newsdesk@umcom.org.
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