President Clinton proposed federal regulations strengthening medical privacy last Friday, after Congress failed to meet the Aug. 21 deadline for legislating new protections. The plan would restrict the use of patients' private health information to employers, marketing firms and others. This restriction requires the written consent of the patient to release the files. Anyone releasing a patient's files without their consent faces a $50,000 fine and a year in prison.
Clinton's proposal is a giant step in the right direction. One of the most crucial facets of the plan is its emphasis on the electronic transmission of medical information.
Currently, anyone that wants to obtain a patient's records through a computer would be able to do so with ease. This situation violates the individual's right to privacy. For instance, an employer could deny an applicant a job simply because he or she has a sexually transmitted disease listed under his electronic file. Most STDs do not affect on-the-job performance, and the individual should determine whether to disclose the information.
Along with employers, marketing firms who have the use of private medical records could skew a patient's data to their own advantages. Sensitive information such as blood tests, surgery and other operations may hinder a person's ability to obtain or keep employment when made public.
Patient's have every reason to worry about their medical records falling into the wrong hands. Clinton said in a speech last Friday that more than a third of all Fortune 500 companies check medical records before they hire or promote individuals.
Though insurance companies require some medical information to grant a claim, they need not know of non-life threatening medical conditions. With the ease of electronic information, a company could refuse to fund an individual, or raise premiums so high that they become unaffordable. If one company has access to this data, then all others could as well, creating a dead-end situation for the patient.
Recent information suggests that a plan such as Clinton's is necessary for the U.S. A poll by the Princeton Survey Research Associates shows that one-in-six American adults has taken steps that they would not ordinarily take to keep their medical information confidential. These practices include switching doctors or paying out of their own pocket for health expenses.
But with the proposal's requirement of the patient's written consent to disclose records, people's medical records will be safer.
Clinton's new plan is only an initial step towards preserving patients' privacy - the plan only covers electronic records and does not allow patient to sue health plans for needlessly releasing their records. Still, this initial step is a welcome change to the status quo. The program, which would go into effect in 2002, will allow Americans to rest easier. Congress should heed Clinton's call and strengthen privacy laws for patients' medical records nationwide.
11-03-99
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