Monday, June 30, 2008

How do the privacy laws work when I choose medical travel?

For patients in the US, there are strict laws (HIPAA) that prohibit the release of medical records without permission of the patient. This prohibition extends to spouses and domestic partners etc. 

When you leave the US, and our jurisdiction, you enter another one. Local laws will prevail. There may be no privacy laws to enforce. Votes can be cast with the choice of a destination that values your privacy.  This is an indirect means of enforcement.

You can ask for a privacy clause to in your contract. The contract enforcement will likely be in the other country, where the services are rendered. A client who has their privacy compromised, would likely have to file their lawsuit in another country which can be very difficult.

Carefully choose your facilitator and website. Travel service placement providers may not be subject to HIPAA.  Choose a company that holds your privacy dearly. They should maintain your privacy whether the regulations apply or not. The release of patient conditions can be damaging to the patient, the company and the industry. It is bad patient care and bad business.

One health care worker released medical records to a tabloid. The person is now facing federal criminal (penalty and jail) and civil suits that far exceed the few thousand dollars she received for the release.

Jim McCormick, MD
Premiere Medical Travel

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