I've been paying careful attention to the health care debate, because I'm self-employed. Among other things, that means I buy my own health insurance policy. My current plan has some shortcomings, so I'm hoping that I'll eventually have a few more options when it comes to health insurance policies.

The last time I applied for a new insurance policy, I didn't read all of the fine print on the application form. I was surprised, a few weeks later, when the insurance company called me with some questions.

The application form I completed had asked me to list all prescription drugs I'd taken over the last five years. Now, I don't know about you, but I've had some run-of-the-mill health problems over the years, so I listed all of the drugs I remember taking. It turns out that when I'd signed the application form, I'd given the insurance company permission to access my health records, including my prescription drugs records. They called me to ask about some of the things I'd accidentally left off of the list, like the antibiotic my doctor recommended I carry with me in case I got sick on a trip to Africa. And the pain killer I'd used after minor out-patient surgery.

I was surprised that I'd forgotten ever having received these drugs, but I was more surprised that there was a list in some database that itemized every prescription drug I'd ever taken. The experience gave me a crash course in medical privacy, but I also learned that there is a lot of medical information being collected about every one of us that we may not even realize exists.

The Health Insurance Portability and Accountability Act, commonly known as HIPAA, gives each one of us the right to keep our health information private. HIPAA, along with some state laws, affect how our health information can be used or shared.

Health care providers and health insurers who are required to follow HIPAA must comply with your right to:

• Ask to see and get a copy of your health records
• Have errors in your health records corrected
• Receive a notice that explains how your health information can be used or shared
• Decide if you want to allow your health information to be used or shared
• Get a report on when and why your health information was shared
• File a complaint with your provider or with the U.S. Department of Health Human Services if you think your rights have been violated or your health information isn't being protected

While you must give your written permission before your health information is used by or shared with your employer, mental health counselors or for marketing purposes, the information can be used and shared without your permission:

• If it is necessary for your treatment and the coordination of care
• If it is related to medical bills for your care and treatment
• With family members and friends you've previously identified who are involved in your health care or managing your health care bills
• If it is necessary to ensure that you are provided good care by doctors, and a clean and safe environment in nursing homes
• If it is necessary to protect the public health by reporting flu and virus incidents in your area
• If medical professionals are required to report injuries such as gunshot wounds to law enforcement

HIPAA requires the following health and medical information be protected from unauthorized use or sharing:

• Information placed in your medical records by health care professionals
• Conversations your doctor has with other health care professionals about your care and treatment
• Information about you that is stored in your health insurer's data systems
• Billing information about you
• Any other health information that is kept by those who must comply with HIPAA

A number of people and entities are required to protect your health information and comply with HIPAA. These include:

• Doctors, nurses, pharmacies, hospitals, medical clinics, nursing homes and other health care providers
• Health insuring organizations including insurance companies, health maintenance organizations (HMOs), independent physician associations and provider networks
• Medicare, Medicaid and other state and federal government programs that pay for health care

HIPAA can be a tricky law. For example, I wasn't happy to learn that, as part of my application for health insurance, the insurance company could pull all of my old medical records. Then I went back to read the fine print on the application I'd signed. It said that if I refused to release my medical records, they would automatically decline my application. In my case, I had to decide which was more valuable to me: my medical privacy or health insurance. If you're faced with a medical privacy issue, it's vital to know your rights under HIPAA.

Related Links:

• Learn more about accessing your medical records on Lawyers.com
• Discuss your issues on the Lawyers.com medical malpractice forum
• Lawyers.com Suggested Legal Books

I'll be the first to admit it: I'm a wimp. As a child, I dreaded the month of August, because that meant it was time for my back-to-school doctor's appointment. And a doctor's appointment inevitably meant that I needed to get shots. I'm a bit ashamed to admit it, but as a kid I would cry and scream when I saw the nurse approaching with a needle. (Today I'm a bit better behaved.)

August is National Immunization Awareness Month. If you have children who have are already back in school or will be heading to school soon, you've probably given some recent thought to doctors' appointments, dental check-ups and routine vaccines.

The fact is, immunizations are a controversial topic in this country. Advocates of immunization argue that vaccines are a safe, necessary way to protect the public health. Other people, however, object on religious grounds or question the safety and effectiveness of immunizations.

Every state requires children to be immunized before entering school. Most states require a child's parents or guardian to provide written proof, signed by a healthcare provider, that the child is up to date on the required vaccines. Unless there is a religious objection to vaccination or a health condition that precludes vaccination, unvaccinated children are not permitted to attend school.

Most states require that children in school be vaccinated against:

• Diphtheria
• Haemophilus influenza type b
• Hepatitis B
• Pertussis (whooping cough)
• Polio
• Measles
• Mumps
• Rubella
• Tetanus (lockjaw)

Some states also require the varicella (chicken pox) vaccine.

Every state except West Virginia and Mississippi allow parents with religious objections to immunization to apply for an exemption for their child from the state's immunization requirements.

Twenty states allow parents who have a philosophical objection to immunization to apply for an exemption. These states are:

• Arizona
• Arkansas
• California
• Colorado
• Idaho
• Louisiana
• Maine
• Michigan
• Minnesota
• Missouri (applies only to daycare, preschool and nursery school)
• New Mexico
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Texas
• Utah
• Vermont
• Washington
• Wisconsin

All states allow for children with compromised immune systems, allergies to vaccine ingredients and other chronic or severe illnesses to receive a medical exemption from immunizations.

If you have a religious or philosophical objection to immunizing your child, you'll need to supply an affidavit to the school testifying to that fact. If the school refuses to honor your objection, in most cases a letter from your lawyer that explains your legal right to object should solve the problem. In extreme situations, parents have fought their local school districts in court to gain or uphold their right to keep their child from being vaccinated.

Federal law requires that parents, guardians or patients be given written information about the risks and benefits of vaccination before administering the vaccine. In addition, the National Childhood Vaccine Injury Act requires all healthcare providers in the United States to provide copies of a Vaccine Information Statement before administering any vaccines for diphtheria, Haemophilus influenza type b, hepatitis A, hepatitis B, influenza, measles, mumps, rubella, pertussis, pneumococcal conjugate, polio, tetanus or varicella.

In the 1980s, Congress passed the National Childhood Vaccine Injury Act of 1986 in response to the growing number of lawsuits filed against vaccine manufacturers. The law is aimed at stabilizing U.S. vaccine supplies while also preserving vaccine companies' assets for research into safer vaccines.

The Act also established the National Vaccine Injury Compensation Program (VICP) to compensate victims or families of victims injured by certain childhood vaccines. The VICP, funded by a 75 cent tax on each vaccination given, is a "no fault" system designed to compensate the injured while protecting healthcare providers and vaccine manufacturers from lawsuits.

Under the VICP, an individual or a parent or guardian of an individual injured by a covered vaccine, or the legal representative of the estate of a person who may have been killed by a vaccine, may file a claim, called a petition, for compensation.

Related Links:

• Learn more about health care law on Lawyers.com
• Find a health care lawyer in your area
• Discuss medical malpractice issues on the Lawyers.com forums
• Lawyers.com Suggested Legal Books