Understanding the New Cook County HIPAA Order Policy

Cook County has implemented a new HIPAA order policy, which affects healthcare providers and patients alike. This policy is designed to protect patient confidentiality and ensure compliance with federal regulations.

The new policy requires healthcare providers to obtain a HIPAA-compliant order before disclosing protected health information (PHI) to third parties. This includes insurance companies, employers, and law enforcement agencies.

Healthcare providers must verify the identity of patients and confirm their consent before disclosing PHI. This is a crucial step in maintaining patient confidentiality and avoiding potential fines.

Patients have the right to access their medical records and request corrections if necessary. They can also request that their PHI not be disclosed to third parties.

Recently, the Appellate Court of Illinois for the Second District issued an opinion in Haage v. Montiel Zavala on March 13, 2020.

The court affirmed the decision of the circuit court, which ruled in favor of the plaintiffs who asked for Qualified Protective Orders (QPOs) that prohibited the use of protected health information for purposes other than the litigation and required its return or destruction within sixty days.

Haage is the only appellate-level published decision addressing the Cook County form QPO and it relies heavily on the principle that HIPAA preempts any state or local laws or orders that provide a lesser degree of protection.

The Second District's decision was comprehensive and addressed each of State Farm's arguments, ultimately finding them to be unsuccessful.

The court's decision was based on the idea that HIPAA was enacted to protect the privacy of individually-identifiable health information, and it is a federal law that supersedes any state or local laws or orders that offer less protection.

It's worth noting that the Second District is not the only appellate district in Illinois, and the First District, where Cook County is located, may reach a different conclusion in a similar case.

The new HIPAA Qualified Protective Order in Cook County is a game-changer, with an explicit waiver that allows for the use of PHI in a variety of ways.

This waiver is a direct response to the limitations of the old order, which was deemed misleading and conflicting with insurance companies' duties to maintain records.

The new order explicitly states that PHI can be used for purposes such as adjusting claims, gathering statistical information, and making actuarial calculations.

This clarity is a welcome change, providing insurance companies with the freedom to use PHI as needed without fear of violating HIPAA regulations.

The explicit waiver is a simple yet effective solution to a complex problem, and it's a testament to the court's commitment to creating fair and practical orders.

Insurance companies have significant rights when it comes to accessing and using protected health information (PHI). In fact, the HIPAA QPO recognizes the right of insurance companies to use PHI.

Judge Ehrlich acknowledged that the use of records is vital to the insurance industry and the state's regulation of it. This means that insurance companies have a legitimate interest in reviewing, using, and retaining a plaintiff's PHI.

Suggestion: Use Is Defined under Hipaa

The HIPAA Protective Order aims to allow insurance companies to comply with other regulations regarding PHI and to further the interest of the State of Illinois in regulating the business of insurance. This is a key goal of the order.

If a claimant refuses to agree to a HIPAA QPO, the court may impose serious sanctions, including payment of attorney's fees or having a claimant barred from testifying.

If you believe CountyCare has violated your privacy rights, you can file a complaint with CountyCare or the Office for Civil Rights, U.S. Department of Health and Human Services.

You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W. in Washington, D.C. 20201.

You can also call 1-877-696-6775 or visit https://hhs.gov/hipaa/filing-a-complaint/ for more information.

To discuss any concerns you have with CountyCare, you can contact the Cook County Health Office of Corporate Compliance at 1-877-476-1873.

The Cook County Health Office of Corporate Compliance is located at 1950 West Polk, Suite 9217, Chicago, IL 60612.

Recommended read: Hipaa Compliance Plan