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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Dec. 1, 1995)
just out ▼ docombor 1, 1005 ▼ 13 Em ily S im on 620 SW Fifth Ave., Ste. 1204 Portland, Oregon 97204 ( 503 ) Medical privacy A bill in Congress would make all states protect patients’ confidentiality by Bob Roehr onfidential sessions with therapists, others.” “I do not want advancing technology to lead to treatment for sexually transmitted diseases, HIV test results— lesbians a loss of personal privacy and do not want the fear and gay men have long lived with the that confidentiality is being compromised to deter fear that personal medical informa people from seeking medical treatment or stifle tion could become public, and shatter their lives. technological or scientific development,” Leahy said. We have been publicly humiliated, fired from our jobs, denied insurance and medical treatment, The core of the bill will establish a minimal disowned by our families, and have even turned to national standard for protecting the confidentiality suicide when those records have become known. of personal and identifiable health information. Often there are no law protecting the privacy of that It will limit primary use to’treatment and pay most personal information, your medical records. ment on a need-to-know basis. Secondary use for A 1993 report by the congressional Office of public health, research and cost-containment pur Technology Assessment called the current system poses would generally be restricted to a format of protecting patient confidentiality “a patchwork” stripped of personal identifiers such as names and of codes, state and federal laws that “is inadequate addresses. to guide the health-care industry.” Patients would be notified and asked for their Several factors are working to multiply the consent to any release of data. An electronic trail of all those who access the data would be maintained. inadequacy of regulations. One is the trend for large corporations to run their own medical insur The bill pre-empts much existing law but ex ance programs rather than con empts certain stronger state tract outside. Another is com laws (such as those regulat pany “wellness programs.” ing HIV disclosure in Cali Both collect large amounts of fornia and New York), the medical and lifestyle data. federal Alcohol and Drug Often those data are not pro- , Abuse Act, the Americans tected and are used for per- / with Disabilities Act of sonnel decisions such as pro- < ^ 1990, and certain sections motions and firings. * fa ] * 2 , \ of the Ryan White CARE But even when programs J ^ Act. are contracted out, employers « ^ It establishes the prin often have access to employ- *4 V*, ciple of “trusteeship” for ees’ records. Janlori Goldman, anyone who touches the deputy director o f the Center records, and levies both for Democracy and Technol civil and criminal penalties ogy, calls it “intolerable to for violation of confidenti sa support a system in which an ality. One of its biggest employer’s payment of a por sticks is the power to ban tion of an employee’s health-care premiums, a participation in Medicare, Medicaid and other fed normal part o f most American employees’ com erally funded health programs. pensation packages, amounts to employers con It provides for patients’ access to their own trolling their employees’ health records.” health records and allows them to correct misinfor The scattering o f paper records in thousands of mation in those files. physicians’ file cabinets seemed to offer some The secretary of Health and Human Services protection in the past, but an amalgamation of will have six months from the date of passage to individual records into massive national electronic finalize regulations. The act will take effect six data banks is raising warning flags. “Since 1988, months after that. the percentage o f health claims processed elec Support for the concept of the legislation is tronically has jumped from 8 percent to nearly 40 almost universal. Consumers want privacy protec percent,” said Sen. Nancy Kassebaum (R-Kan.). tion; industry above all else wants clear national Her comment came in opening remarks at a standards. But all parties are pushing for changes to Nov. 14 hearing on a possible solution: the Medical better reflect their interests. Records Confidentiality Act of 1995 (S 1360). Jeanne Schulte Scott, speaking for the Associa The “Bennett-Leahy bill,” as it is commonly tion for Electronic Health Care Transactions (the called, is a strongly bipartisan measure. It has 17 data processing industry), said that current lan initial co-sponsors and support of the leadership of guage “does great harm to the health information both parties in the Senate. service industry.” She called for greater pre-emption Sen. Robert Bennett (R-Utah) was appointed by of state law and fewer “trustee” responsibilities for Majority Leader Bob Dole (R-Kan.) to head up a their members as subcontractors. task force on health-care reform. “It startled me to The American Hospital Association questioned leam that the average American has more control whether HHS should administer the act: “HHS, as over and access to his or her credit information than a payer and administrator of health services, would to his or her medical information,” he said. also be subject to the requirements of this act. The Fourteen states have absolutely no privacy pro dual role of regulator and regulated appears to be a visions for medical records, and protection in the conflict of interest.” others is spotty. Only 28 states allow patients to Aimee Berenson, of the AIDS Action Council, even view their own records, fewer still allow recommended tightening access to medical files corrections of inaccurate information. for research purposes to “research conducted at Bennett believes those differences make no qualified medical facilities and institutions.” She sense in a time when “medical records are gallop offered the model of regulations governing bio ing toward the electronic age, crossing state lines medical research funded by the National Institutes literally with the speed of light.” of Health. Sen. Patrick Leahy (D-Vt.) called the right to She also wants the bill to “set out clear proce privacy “one of our most cherished freedoms— it is dures for objecting to the release of medical records the right to be left alone and to choose what we will in civil litigation.” reveal o f ourselves and what we will keep from C u 241-1553 (503) 241-2587 FAX Emphasizing representation of the accused in all misdemeanor, felony, traffic and DUII actions in state, federal, juvenile courts and administrative actions P l a n e t E a r t h — G et T o K n o w I t ! Local m ail-order m a p c o m p an y offering a n array o f m ap s & m ap p ro d u cts including: Richly Colored Tyvek Wall Maps Soft Cover Concise Atlas of World History Handcrafted Acrylic Globes Raised Relief State and National Park Maps CDillers (D aps Call u s at 503-241-2962 fo r a free catalo g . 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