FOR IMMEDIATE RELEASE July 15, 1999 Release No. 99-34
Contact: Robert Collins (202) 682-6056
American Psychiatric Association Warns Congress that Nation is in the Midst of a Medical Record Privacy Crisis
Vice President of APA Calls on Congress to Pass Effective Patient Confidentiality Legislation to Protect America's Most Vulnerable Population
Washington, D.C.-Paul Appelbaum, MD, Vice-President of the American Psychiatric Association (APA) testified today before U.S. House of Representatives Commerce Committee today about the need for federal legislation that will guarantee patient medical record privacy protection.
Dr. Appelbaum's testimony outlined the American Psychiatric Association's (APA) concerns that the nation is facing a national medical records privacy epidemic. With the advances in information technology, the health industry can now easily collect a staggering amount of personal information about millions of Americans. The ease of communication allows patients records to be shipped worldwide with the touch of a button.
"The need for privacy legislation is compelling. In 1996, a federally appointed panel of experts, the National Committee on Vital and Health Statistics, stated that our country faces a 'health privacy crisis." said Dr. Appelbaum. "Across the political spectrum, broad support exists for action on this issue, and it has become clear that Americans want to keep their personal medical information confidential.
Dr. Appelbaum warned that, "the lack of medical record privacy is creating an atmosphere of mistrust between doctors and patients that is reaching a crisis stage. Some patients refrain from seeking medical care or drop out of treatment in order to avoid the risk of disclosure. Other patients will not provide the full information necessary for successful treatment. In other cases, patients ask that certain information not be included in their medical record for fear it will be indiscriminately disclosed. The result of these behaviors is often unfortunate for both the patients and the physicians. Patients do not receive needed care and doctors cannot make accurate medical analyses".
"Our ability to find a new job, earn a promotion, obtain insurance, maintain our family and social relationships, provide and receive quality of health care, and medical research breakthroughs can all be enhanced or tragically jeopardized by medical records confidentiality legislation." stated Dr. Appelbaum. "Our medical records, when it relates to conditions as varied as high blood pressure, communicable diseases, Alzheimer's disease, mental illness, substance abuse, domestic violence, terminal illnesses, reproductive health issues, as well as many other conditions, is highly sensitive but not currently protected by Federal law."
Dr. Appelbaum testified that four principles must be included in the legislation to guarantee adequate patient privacy protections:
1. Patient Consent: Patients themselves should decide whether or not personal health information is disclosed. This has been the APA's historic approach. In general, whatever problems may now exist with confidentiality of health information derive from a failure to observe this principle. No one is in a better position than patients to identify sensitive information and to determine to whom it ought not to be revealed.
2. Limited Disclosure: When consent has been obtained, disclosure should be limited to the least amount of personal health information necessary for the purpose at hand. This is consistent with our recognition of the importance of protecting medical privacy.
3. Anonymous Data Collection: Identifiable personal health information should be released only when unidentified data are inadequate for the purpose at hand. The burden should be on the person seeking access to the information to prove the necessity of using identifiable data.
4. State Laws Remain Intact: The Federal government should not pass legislation that would preempt existing stronger state patient medical records privacy laws.
Dr Appelbaum continued by stating, "the solution is not to take short cuts that will further deprive patients of their rights. Instead, we must enact into law meaningful medical record privacy legislation based on the voluntary informed consent of patients and reliance upon the fullest possible use of deidentified and aggregate patient data. In this way the full advantages of patient privacy as well as the benefits of new medical technology can be harnessed."
-30-
RSS