Guest guest Posted October 29, 1999 Report Share Posted October 29, 1999 http://newsnet.reuters.com/news/rcom:old_general/nN29671254.html - Clinton proposes rules to protect medical privacy By Arshad Mohammed WASHINGTON, Oct 29 (Reuters) - President Bill Clinton proposed federal rules on Friday to protect the confidentiality of medical records, saying Americans should not have to live in an Orwellian world where their privacy is routinely violated. Clinton said the proposed regulation, which would apply to medical records stored in computers but not to those kept on paper, amount to the first comprehensive national standards for safeguarding such records. The rule, which would not go into effect until February 2002 at the earliest, would limit the release of information without the patient's consent, require health plans to tell patients how their information is being used and give patients access to their records and the right to make corrections. It would also restrict the disclosure of medical records to the minimum amount necessary and would set new requirements for giving out information, the White House said. "Today, with the click of a mouse, personal health information can easily and now legally be passed around without patients' consent to people who aren't doctors for reasons that have nothing to do with health care," Clinton said. "In 1999, Americans should never have to worry about nightmare scenarios depicted in Orwell's "'1984'", he added. "I am determined to put an end to such violations of privacy." Administration officials said the rules were needed because health care providers were sharing more patients' records and insurance companies were demanding more information before paying claims. The rule would create new criminal and civil penalties for the improper use or disclosure of information. Those who obtained information with the intent to sell it for personal gain, commercial advantage or malicious harm could be sentenced to pay a fine of up to $250,000 and up to 10 years in prison. "The public believes, accurately, that the lack of such protections leaves them vulnerable to unacceptable practices, such as inappropriate use of this information for (insurance policy) underwriting, potentially for hiring practices and potentially for targeted advertising," said a senior White House official said. Officials also said that in some cases, information held by an insurer could be passed on to a lender, who could then deny a patient's application for a home mortgage or credit card, or an employer, who might use it in personnel decisions. CLINTON APPEALS TO REPUBLICANS The regulation, after a public review process, would go into effect sometime after February 2002. It was drafted in consultation with health care companies, and administration officials said some companies were not hostile to it. Clinton coupled his announcement with an appeal to the Republican-led Congress to draw up comprehensive legislation to protect medical-record privacy. Under a 1996 law, the Health and Human Services Department was required to draw up the new regulations if Congress failed to act on privacy legislation by Aug. 21, 1999. Administration officials said the new regulation had weaknesses that only comprehensive legislation could address. The new rules would not cover all paper records and do not give citizens the right to sue health plans and providers for the inappropriate and harmful disclosure of information. They also do not cover the reuse of medical information disclosed to groups like employers and life insurance companies that outside the fields of medicine, health insurance and medical payments. Vermont Republican Sen. Jeffords, who chairs the Senate Health, Education, Labor and Pensions Committee, said the Clinton proposed regulation demonstrated the need for comprehensive legislation. "After seeing these proposed regulations, it is obvious comprehensive legislation is still needed to give patients true privacy protection," Jeffords said in a statement, adding that he would continue to work on such legislation in Congress. © 1999 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Attachment: vcard [not shown] Quote Link to comment Share on other sites More sharing options...
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