States strengthen privacy laws for young adults on parents' health plans

Millions of young adults can remain insured under their parents' health plan until age 26, thanks to the Affordable Care Act, but those young adults could experience a breach of privacy when insurers send their health information to the policyholders — their parents. Now, some states are working to remedy that issue, according to Kaiser Health News.

Under HIPAA, individuals can ask providers to restrict disclosure of their health information, such as not sending parents an "explanation of benefits" for treatment they received or denied. However, insurers are not required to adhere to the request. Also under HIPAA, members can ask insurers to use different methods of communication, like email or an alternative mailing address than the policyholder's, but the insurer doesn't have to comply to the request unless the member says not doing so would endanger them, Kaiser Health News reported.

While these protections are in place, a handful of states — including California, Oregon, Colorado, Washington and Maryland — have acted to strengthen HIPAA protections and ensure their completion.

For instance, California insurers are required to hold information about sensitive services like reproductive health or drug treatment from policyholders if members say sharing the information could be harmful, Kaiser Health News reported.

Insurers' thoughts on the issue vary, according to Kaiser Health News. In California, while some insurers were concerned about how to implement the law, they eventually worked with advocates on the bill.

Clare Krusing, a spokesperson for America's Health Insurance Plans, said restricting explanation of benefits is challenging, and even though insurers can cover or filter diagnosis or service codes, the provider credentials and pharmacy information may still leak information.

In addition, insurers and policyholders may need to know details about how a plan is used to track costs or fraudulent activity, Kaiser Health News reported. 

 

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