Requires health insurance carriers, health care providers, and hospitals and health care facilities to change manner of communications of protected health information under certain circumstances.
Impact
Should this bill be enacted, it will have significant implications for state laws concerning health information privacy. By mandating that health care providers and insurers accommodate requests for alternative communication methods, the bill aims to create safer channels for individuals whose health situations may place them at risk if their information is disclosed. This is especially critical for minors and those seeking services related to sensitive issues such as domestic violence or sexual health.
Summary
Assembly Bill A378 aims to enhance the confidentiality of protected health information by requiring health insurance carriers, health care providers, and hospitals to modify their communication methods under specific circumstances. The bill allows covered individuals or their guardians to request that communications of sensitive health information, including Explanations of Benefits, be sent through alternative means or to alternative locations to prevent potential danger to the covered person. This change addresses growing concerns about patient privacy, particularly for individuals receiving sensitive services.
Sentiment
The sentiment surrounding A378 appears to be largely positive, particularly among advocates for patient rights, who see this legislation as a necessary step towards protecting vulnerable populations. This bill reflects a growing recognition of the need for improved privacy protections in health care, which is increasingly becoming a priority for legislators and the public alike. However, there may be concerns regarding the administrative burden placed on health care providers as they adapt to these new communication requirements.
Contention
While the bill seems to be well-received overall, points of contention may arise around its implementation, particularly regarding how 'reasonable requests' will be defined and managed by health care entities. Additionally, the bill requires the Commissioner of Banking and Insurance to adopt rules and regulations for its implementation, which may lead to debates about the adequacy and effectiveness of these regulations in truly safeguarding patient privacy.
Carry Over
Prohibits health insurance carriers from disclosing to policyholder or other person covered under health benefits plan any identifying information connected to covered person with valid protection order against policyholder or other covered person.
Requires health insurance carriers to provide list of alternative drugs to health care professionals, pharmacists, and covered persons under certain circumstances.
Requires health insurance carriers to provide list of alternative drugs to health care professionals, pharmacists, and covered persons under certain circumstances.
Prohibits mental health care professionals from disclosing, and health insurance carriers from demanding, certain information concerning behavioral health care services provided to patients.
Prohibits mental health care professionals from disclosing, and health insurance carriers from demanding, certain information concerning behavioral health care services provided to patients.