Final answer:
HIPAA is triggered when a billing service handles PHI of a client, as they act as a business associate required to comply with HIPAA regulations. Patient privacy must be balanced with public health needs, but disclosing information without consent can be a HIPAA violation.
Step-by-step explanation:
The Health Insurance Portability and Accountability Act (HIPAA), passed in 1996, protects the confidentiality of patient records, including Protected Health Information (PHI). When a billing service submits PHI of a client, HIPAA regulations are indeed triggered. HIPAA requirements apply to 'covered entities,' which include healthcare providers, health plans, and healthcare clearinghouses, as well as their business associates—entities that perform services for a covered entity which require access to PHI.
HIPAA mandates that covered entities and business associates implement safeguards to protect the privacy and security of PHI. If a billing service, being a business associate, handles PHI, they must do so in compliance with HIPAA regulations. Any unauthorized disclosure of PHI could lead to HIPAA violations and potential legal penalties.
Regarding ethical considerations, one must balance the patient's privacy rights with the public health need to inform sexual partners about potential risks. The severity of the disease can inform the decision, but it does not change the fact that HIPAA rules must be observed. Without patient consent, disclosing a patient's health information to their sexual partner could be a HIPAA violation unless exceptions apply, such as when required for public health purposes as defined by the law.