Understanding Medical Marijuana
Marijuana is a plant that has been used for medicinal purposes for centuries. The active ingredients in marijuana, called cannabinoids, have been shown to have therapeutic properties that can help alleviate symptoms related to various medical conditions such as chronic pain, epilepsy, and cancer.
Medical marijuana is the use of marijuana, or its cannabinoids, for medicinal purposes. Medical marijuana is legal in many states in the US, and the number of states that have legalized it is steadily increasing. However, despite its legal status, there are still many misconceptions and confusion surrounding medical marijuana, including its coverage under HIPAA.
What is HIPAA?
HIPAA, which stands for the Health Insurance Portability and Accountability Act, is a federal law that was enacted in 1996. The law aims to protect the privacy and security of personal health information (PHI), which includes information about an individual’s physical or mental health, health care services they have received, and payment for those services.
The law applies to all covered entities, including health care providers, health plans, and health care clearinghouses. HIPAA also applies to their business associates, which are third-party contractors that handle PHI on their behalf. The law requires covered entities to implement administrative, physical, and technical safeguards to protect PHI from unauthorized access, use, or disclosure.
Many people wonder if medical marijuana is covered under HIPAA. The answer is both yes and no. HIPAA does not specifically address medical marijuana, but it does cover PHI related to medical marijuana use.
Under HIPAA, PHI related to medical marijuana use is considered sensitive health information (SHI). SHI is a subset of PHI that requires additional protection due to its sensitive nature. Other examples of SHI include mental health records, HIV status, and substance abuse treatment records.
As such, covered entities must take extra precautions to protect SHI related to medical marijuana use. This includes implementing additional administrative, physical, and technical safeguards to protect SHI from unauthorized access, use, or disclosure. Covered entities must also obtain written authorization from patients before disclosing SHI related to medical marijuana use, except in certain circumstances, such as for treatment, payment, or health care operations.
Misconceptions About Medical Marijuana and HIPAA
There are many misconceptions surrounding medical marijuana and HIPAA. One common misconception is that medical marijuana patients are required to disclose their use of medical marijuana to their employer. However, HIPAA prohibits covered entities from disclosing PHI to employers without the patient’s written authorization, except in certain circumstances, such as for compliance with a workplace injury or illness prevention program.
Another misconception is that medical marijuana patients are required to disclose their use of medical marijuana to law enforcement. However, HIPAA prohibits covered entities from disclosing PHI to law enforcement without the patient’s written authorization, except in certain circumstances, such as for compliance with a court order, warrant, or subpoena.
Conclusion
In conclusion, medical marijuana is covered under HIPAA to the extent that PHI related to medical marijuana use is considered sensitive health information. Covered entities must take extra precautions to protect SHI related to medical marijuana use, and obtain written authorization from patients before disclosing SHI, except in certain circumstances. Despite the misconceptions and confusion surrounding medical marijuana and HIPAA, it is important for patients to understand their rights and protections under the law.
References
- HHS. (n.d.). The HIPAA Privacy Rule. Retrieved from https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
- National Conference of State Legislatures. (2021). State Medical Marijuana Laws. Retrieved from https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx
