Hipaa Laws And Pets: What's The Verdict?

While pets are often considered members of the family, they are not protected by the Health Insurance Portability and Accountability Act (HIPAA) because they are considered property and not persons. However, this does not mean that pets' medical records are entirely unprotected. Over half of U.S. states have laws governing how animal medical records are handled, and veterinarians and animal hospitals take patient privacy very seriously. These laws generally deem veterinary records privileged and confidential and forbid their release without written authorization, except in certain circumstances such as a subpoena or for research and public health purposes.

Why HIPAA laws don't apply to pets

HIPAA, or the Health Insurance Portability and Accountability Act, is a federal law in the United States that governs privacy when it comes to human medical care and their medical records. The law sets strict confidentiality requirements for the protected health information (PHI) of human patients.

However, pets are not protected by HIPAA because they are considered property and not persons. This means that pets have no rights when it comes to medical privacy. While this may seem unfair to the many pet owners who consider their pets as family members, the law simply views them as pet owners, and therefore their pets are considered their property.

Despite this, many states have recognized the importance of protecting the confidentiality of veterinary records. At least 33 states have laws regulating the confidentiality of veterinary care records to some degree, with more than half of U.S. states having laws regarding the handling of animal medical records. These laws often deem veterinary records as "privileged and confidential," requiring written authorization from the owner before they can be released, with some exceptions. For example, in Indiana, an animal's veterinary medical records must be furnished without written authorization in cases of animal cruelty investigations, criminal investigations, or to verify a rabies vaccination.

The primary reason for the lack of federal regulation regarding veterinary records is that pets are legally considered property. However, this does not mean that pet owners are without recourse if they want to protect their pet's medical privacy. In states without specific laws addressing veterinary records, veterinarians still have a general professional obligation to maintain accurate records and respect the privacy of their human clients. Additionally, pet owners can discuss their concerns with their veterinarian, who should be able to flag the records with any necessary instructions.

State laws that protect animal medical records

While HIPAA does not apply to pets, at least 33 states have laws regulating the confidentiality of veterinary care records to some degree. Most deem the records “privileged and confidential” and forbid release without written authorization, with a few exceptions, such as through a subpoena or when an organization collects anonymous statistical information for research and public health purposes.

In the state of Kentucky, a veterinarian shall not release information concerning a client or the patient without written authorization. The Texas Veterinary Practice Act, which allows release of veterinarian records only with authorization of the pet owner or in compliance with a court order, is another example of state laws that protect animal medical records.

Wisconsin also has a law that allows the owner of any animal patient of a veterinarian to receive a copy of the animal patient's health care records and have the animal patient's X-rays referred to another veterinarian of the owner's choice upon payment of reasonable costs.

These state laws are important because they give veterinarians a legal framework for sharing information and help to avoid legal conflicts with pet owners.

How to protect pet medical records

While pets are not protected by HIPAA, the law that guides medical privacy, because they are considered property and not persons, more than half of U.S. states have laws that govern how animal medical records are to be handled. These laws generally deem the records “privileged and confidential” and forbid their release without written authorization.

• Limit employee access to client information: Only allow employees who need to access client information to do so.
• Change passwords and access rights when an employee leaves: This will help prevent unauthorised access to information.
• Use strong passwords: Ensure that passwords are difficult to guess by using a combination of symbols and numbers.
• Utilise a multi-layered security software: This will add an extra layer of protection to sensitive information.
• Use firewalls and anti-virus protection: Protect all devices used by the practice with firewalls and anti-virus software.
• Consider encryption software: This will encrypt sensitive data, making it unreadable to unauthorised users.
• Regularly update security software and operating systems: Keep on top of updates to ensure that you have the best protection possible.
• Use remote wiping software: This will enable you to wipe data from a device remotely if it is lost or stolen.
• Choose a reliable cloud provider: Store data on the cloud with a reputable provider.
• Use a document destruction/shredding company: Use a specialist company to destroy sensitive paper documents.
• Keep your own copy: Keep a copy of your pet's medical records in a safe place, such as a fireproof safe or a secure cabinet. You may also want to keep a copy in your car or your pet's travel kit in case of emergencies.
• Use a pet health app: Try an app like Pawtrack for tracking vaccinations and appointments, or PetDesk for overall health record management.

Why pet medical records are important

While pets are not protected by HIPAA, the law that guides medical privacy, because they are considered property and not persons, more than half of U.S. states have laws that govern how animal medical records are to be handled. These laws are similar to HIPAA and protect the confidentiality of veterinary patient records.

Pet medical records are important because they provide a complete health history for your pet. Just like humans, pets can experience various health issues and require specific treatments. Accurate records help veterinarians provide the best possible care for them. In emergencies, having this information readily available can save your pet's life by ensuring they receive the appropriate treatment.

Pet medical records typically include your pet's basic information, such as their name, breed, age, weight, and microchip information. They also include a chronological history of all veterinary visits, including dates, reasons for the visit, and the corresponding diagnosis and treatment plans. Vaccination records are another essential part of the medical record, ensuring that the pet is up-to-date on all necessary immunizations.

Keeping up with regular visits to the vet and maintaining detailed records can make a difference in preventive care. By having check-ups on a regular basis, you can catch any potential problems early on and take proactive steps to help improve your pet’s health and lifespan. Additionally, having a well-organised medical record makes it easier for different vets to communicate with each other, especially if you ever move or change clinics.

These records are also crucial for travel, boarding, and even adoption procedures. They can also be requested by pet insurance providers to evaluate if your pet has any existing health issues.

Steps to take if your pet's records are breached

While pets are not protected by HIPAA, more than half of U.S. states have laws that govern how animal medical records are to be handled. If your pet's records are breached, here are some steps you can take:

Contact Your Veterinarian

Get in touch with your veterinarian as soon as possible. They should have copies of all your pet's records, and if you've visited multiple clinics, be sure to reach out to each one as they may hold different parts of your pet's medical history.

Request Your Pet's Records

Ask your veterinarian to provide you with copies of your pet's medical records. This can usually be done via email or phone, and they may charge a nominal fee for this service.

Review and Update Records

Once you have received the records, review them thoroughly and make sure they are updated with the latest health information. This is especially important if you have pet insurance, as insurance companies require your pet's medical records to process claims and verify that the condition being claimed is not pre-existing.

Safely Store Records

It is recommended to store your pet's medical records in a safe and easily accessible manner. You can use digital storage options like Google Drive or Dropbox, or keep physical copies in a fireproof safe or a secured cabinet. Consider keeping a copy in your car or your pet's travel kit for emergency vet visits or when traveling.

Take Preventative Measures

To prevent future breaches, review the security measures in place for your pet's records. Ensure that passwords are strong and unique, limit employee access to sensitive information, and regularly update software and operating systems.

Consult Legal Advice

Consider seeking legal advice to understand your rights and options following the breach. While pets are not protected by HIPAA, state laws generally provide protection for the confidentiality of veterinary care records.

Frequently asked questions