By Jamila Harris
From PHN Issue 54, Fall 2023
Dear PHN,
Could you explain the rules and violations of the HIPAA Act? Is it a violation if the correctional officer stays in the room while we are seeing medical staff and knows my medical information?
– L.W.
Dear L.W.,
When it comes to the rights of incarcerated individuals and the privacy of their medical information, a valid concern always comes to mind. “Do the correctional officers have the right to know your medical information?” A person who is incarcerated has certain legal rights under the Health Insurance Portability and Accountability Act, also known as HIPAA. This act is a federal law passed in 1996 that protects how medical information of individuals—including identifying factors such as address, birthdate, and social security number—is transferred and disclosed to others. Under the law, this identifiable health information is known as “protected health information.”